the resettlement policy framework for the gambia education...
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The Resettlement Policy Framework for The Gambia Education
Sector Support Project: (GESSP)
Making history from behind, the women of Ballanghar Chamen consulting
Ministry of Basic and Secondary Education
The Gambia
January 2018
SFG4040
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Table of contents
Contents List Of Acronyms ................................................................................................................... v
Definitions Of Terms Used In The Report ............................................................................ vi
Executive Summary ............................................................................................................... ix
CHAPTER 1: INTRODUCTION ............................................................................................ 1
1.1 Background ....................................................................................................................... 1
1.2 Project Objectives and Components ..................................................................................... 1
1.3 Project Sub-components likely to Trigger Negative Environmental and Social Impacts 2
1.4 Scope ................................................................................................................................. 2
1.5 Recommendations of the Audit report on the Implementation of the Safeguards Policies
during the READ Project ........................................................................................................ 3
1.6 Methodology ..................................................................................................................... 4
CHAPTER2: Objectives And Justification of Resettlement Policy Framework ................ 5
2.1Objectives and the basic terms of preparation of the RPF .............................................. 5
CHAPTER 3: Policy And Regulatory Framework For Land Acquisition And Involuntary
Resettlement ................................................................................................................................ 7
Land Administration in The Gambia ......................................................................................... 7
3.2Land Tenure in The Gambia .................................................................................................. 7
3.3 The Laws on Compulsory Acquisition 1997 ........................................................................ 8
CHAPTER 4: Procedures For Land Acquisition And Resettlement For The Gessp
Infrastrutural Investment ........................................................................................................... 16
4.1The screening process ........................................................................................................ 17
4.2 Preparation, Review and Approval of the Resettlement Action Plan .......................... 18
4.2.1 Preparation ................................................................................................................... 18
5. Eligibility Criteria For Affected Groups/Individuals ............................................................ 19
5.1 Eligibility Criteria for Compensation ......................................................................... 19
5.2 Cut-off Date .................................................................................................................... 20
5.3 Categorisation of Persons Likely to be Affected ........................................................... 21
5.4 Assistance to Vulnerable Persons ................................................................................... 22
CHAPTER 6: Evaluation of Assets And Compensation ..................................................... 22
6.1 Land Compensation ........................................................................................................ 22
6.2 Compensation for Trees .............................................................................................. 23
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6.3 Compensation for Crops ............................................................................................. 23
6.4 Compensation for Houses and Infrastructure ................................................................. 23
6.5 Compensation for Loss of Revenue derived from both Formal and Informal Activities
24
CHAPTER 7: The Mechanisms For Prevention And Resolution Of Conflicts ...................... 25
7.1 Types of Complaints and Conflicts to Resolve............................................................... 25
7.2 Mechanisms for Conflict Prevention and Dispute Resolution ...................................... 26
CHAPTER 8: Institutional Responsibilities For The Implementation Of Rpf ................. 26
8.1The Project Coordinating Unit (PCU) ................................................................................. 26
8.2Office of the Regional Education Directorates .................................................................... 27
8.3National Environment Agency ............................................................................................ 28
8.4 Capacity Building ............................................................................................................... 28
CHAPTER 9: Monitoring and Evaluation ........................................................................... 28
9.1Monitoring ........................................................................................................................... 28
9.2Evaluation ............................................................................................................................ 29
9.3 Indicators for Monitoring and Evaluation........................................................................... 30
CHAPTER 10: BUDGET ANDFUNDING ARRANGEMENTS ........................................... 30
10.1Budget ................................................................................................................................ 30
10.2 Sources and Mechanism of Financing .............................................................................. 31
CHAPTER 11: CONSULTATION AND DISCLOSURE PROCEDURE ........................ 32
11.1 Consultations on the Preparatory Processes ...................................................................... 32
11.2 Consultations on the Resettlement Policy Framework ..................................................... 32
11.3 Consultation on the Resettlement Action Plan (RAP) ...................................................... 32
11.4 Disclosure .......................................................................................................................... 33
ANNEXES
Annex 1: Involuntary resettlement screening and categorisation form…………………………34
Annex 2 : Main contents of the Resettlement Action Plan……………………………………..35
Annex 3 : Contents for an Abbreviated Resettlement Action Plan……………………………..35
Annex 4: Sample Resettlement Summary Data Sheets…………………………………………36
Annex 5 : Complaint reporting form……………………………………………………………39
Annex 6a: Summary of discussions with representatives of Government agencies……………40
Annex 6b: Summary of consultations with potential beneficiary communities……………….43
Annex7a: List of persons contacted in Government institutions………………………………46
Annex 7b: List of persons contacted at potential project sites…………………………………46
Annex 8: World Bank Policy on Involuntary Resettlement……………………………………48
Annex 9: Bibliogrphy…………………………………………………………………………..59
Annex 10:Terms of reference for the Resettlement Policy Framework for the Gambia Education
Sector Support Project………………………………………………………………………….60
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Tables
Table : Categories of losses and their impacts on displaced persons……………………… 5
Table2: Comparative analysis of the Land Acquisition and Compensation Act 1991 and
the World Bank OP 4.12…………………………………………………………………….12
Table3: Matrix of compensation pakages by type of asset lost and ownership right…….25
Table 4: Resettlement cost estimation……………………………………………………….31
Table 5: List of communities visited and summary of their observations………………..45
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LIST OF ACRONYMS
AIDS - Acquired Immune Deficiency Syndrome
ESA Environmental and Social Assessment
ECD - Early Childhood Development
ESFP - Environment and Social Focal Point
EIA - Environmental Impact Assessment
EMP - Environmental Management Plan
ESSC - Environmental and Social Screening Checklist
ESMF - Environmental and Social Management Framework
GEAP - Gambia Environment Action Plan
GESSP - Gambia Education Sector Support Project
GPE - Global Partnership for Education
HIV - Human Immunodeficiency Virus
ICT - Information Communication Technology
IDA - International Development Association
LACA - Land Acquisition and Compensation Act
LBS - Lower Basic School
MoBSE - Ministry of Basic and Secondary Education
MOHERST - Ministry of Higher Education, Research, Science and Technology
NEA - National Environment Agency
NEMA - National Environment Management Act
NEMAC - National Environmental Management Council
NEMP National Environmental Management Programme
NGO - Non Government Agency
OP - Operational Policy
PAP - Project Affected Persons
PCU - Projects Coordination Unit (Min. of Basic and Secondary Education)
RAP - Resettlement Action Plan
READ - Results for Education Achievement and Development Project
RPF - Resettlement Policy Framework
SSS - Senior Secondary School
TAC - Technical Advisory Committee
TANGO - The Association of Non-Governmental Organisations
TOR - Terms of Reference
UBS - Upper Basic School
VDC - Village Development Committee
WB - World Bank
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DEFINITIONS OF TERMS USED IN THE REPORT
Unless the context dictates otherwise, the following terms shall have the following meanings:
“Alkalo”: The administrative head of the village usually from the founding family /clan of the
village
“An Environmental Impact Assessment (EIA)”: An environmental assessment instrument to
identify and assess major potential environmental impact of proposed sub projects, evaluate
alternatives and design appropriate mitigation, management and monitoring measure.
“Bantaba” means an open space in the village where people meet to discuss village matters
“Census” means a field survey carried out to identify and determine the number of Project
Affected Persons (PAP) or Displaced Persons (DPs). The meaning of the word shall also embrace
the criteria for eligibility for compensation, resettlement and other measures emanating from
consultations with affected communities and the local seyfulo and alkalulo.
“Compensation” means the payment in kind, cash or other assets given in exchange for the (1)
acquisition of land, including structures and fixed assets thereon or (2) use of that land.
“Cut-off date” is the date of the census of PAPs or DPs within the project area boundaries. This
is the date on and beyond which any person whose land is occupied for project use, will not be
eligible for compensation.
“Displaced Persons” mean persons who, for reasons due to involuntary acquisition or voluntary
contribution of their land and other assets (or the use thereof) under the project, result in direct
economic and or social adverse impacts, regardless of whether or not the said Displaced Persons
are physically relocated. These people will have their: standard of living adversely affected,
whether or not the Displaced Person must move to another location ; lose right, title, interest in
any house, land (including premises, agricultural and grazing land) or any other fixed or movable
assets acquired or possessed, lose access to productive assets or any means of livelihood.
“District” means an area demarcated under the Local Government Act 2002 and it is the
administrative unit immediately below the Region
“District Authority” means the district authority established under section 132 of the Local
Government Act 2002. The District Authority is responsible for managing the affairs of the district
“District Tribunal” means subordinate court at district level that handles customary matters such
as land under customary tenure.
“Involuntary Displacement” means the involuntary acquisition of land resulting in direct or
indirect economic and social impacts caused by: Loss of benefits from use of such land; relocation
or loss of shelter; loss of assets or access to assets; or loss of income sources or means of livelihood,
whether or not the Displaced Persons has moved to another location; or not.
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“Involuntary Land Acquisition” is the repossession of land by government or other government
agencies for compensation, for the purposes of a public project against the will of the landowner.
The landowner may be left with the right to negotiate the amount of compensation proposed. This
includes land or assets for which the owner enjoys uncontested legal rights including customary
“Kabilo”: A collection of families that constitute a village
“Land” refers to agricultural and/or non-agricultural land and any structures thereon whether
temporary or permanent and which may be required for the Project.
”Land acquisition” means the repossession of or alienation of land, buildings or other assets
thereon for purposes of the Project.
“Local Authority” includes the council and the District Authority
“Local Government Authority” means a council established under the Local Government Act
2002
“Market Value” means the most probable selling price or the value most often sought by buyers
and sellers.
“Project Affected Person(s) (PAPs)” are persons affected by land use or acquisition needs of the
GERMP. These person(s) are affected because they may lose, be denied, or be restricted access to
economic assets, lose shelter, income sources, or means of livelihood. These persons are affected
whether or not they must move to another location.
“Rehabilitation Assistance” means the provision of development assistance in addition to
Compensation such as land preparation, credit facilities, training, or job opportunities, needed to
enable Displaced Persons to improve their living standards, income earning capacity and
production levels; or at least maintain them at pre-Project levels.
“Replacement cost” means replacement of assets with an amount sufficient to cover full cost of
lost assets and related transaction costs. The cost is to be based on Market rate (commercial
rate) according to the Gambian law for sale of land or property. In terms of land, this may be
categorized as follows; (a) “Replacement cost for agricultural land” means the pre-project or
pre-displacement, whichever is higher, market value of land of equal productive potential or use
located in the vicinity of the affected land, plus the costs of: (b) preparing the land to levels similar
to those of the affected land; and (c) any registration and transfer taxes;
“Replacement cost for houses and other structures” means the prevailing cost of replacing
affected structures, in an area and of the quality similar to or better than that of the affected
structures. Such costs shall include: (a) transporting building materials to the construction site; (b)
any labour and contractors’ fees; and (c) any registration or transaction costs.
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“Resettlement Assistance” means the measures to ensure that Displaced Persons who may
require to be physically relocated are provided with assistance during relocation, such as moving
allowances, residential housing or rentals whichever is feasible and as required, for ease of
resettlement.
“The Resettlement Policy Framework (RPF)”has been prepared as an instrument to be used
throughout the NAWEC Project (GERMP) implementation. The RPF will set out the resettlement
and compensation policy, organizational arrangements and design criteria to be applied to meet
the needs of the people who may be affected by the program. The Resettlement Action Plans
(“RAPs”) for the NAWEC Project will be prepared in conformity with the provisions of this RPF.
“Seyfo”- the administrative head of a district sometimes referred to as District Chief
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Executive Summary
This Resettlement Policy Framework (RPF) provides guidelines to the Government agencies
(Ministry of Basic and Secondary Education) and local communities for the development of
Resettlement Action Plans under the Gambia Education Sector Support Project (GESSP).
Where a sub-project involves land acquisition or the restriction of access to natural resources then
a Resettlement Action Plan has to be prepared as provided for in the agreement with the World
Bank. This RPF will define the situation of the persons affected by the acquisition and provide
guidelines for suggested remedial and compensatory measures for project affected persons.
The GESSP is being developed with the assistance of the World Bank to consolidate the
achievements of the previous project- Results for Education Achievement and Development
(READ) Project. The GESSP would largely concentrate on lower basic and secondary education
in all the regions except West Coast Region and the GBA.
The objective of the proposed project is to increase access to Early Childhood Development (ECD)
and basic education and to improve the quality of teaching and learning with an emphasis on
geographic and economic disparities, gender, students with disabilities, and other vulnerable
groups, through a blend of demand side and supply side interventions. The Project comprises three
main components: i) Enhancing Access to ECD and Basic Education; ii) Improving Quality of
Teaching and Learning; iii) Technical and Institutional Support.
Component 1: Enhancing Access to ECD and Basic Education
This component will involve the construction of new classrooms ECD and Lower Basic School (LBS)
classrooms, and continued provision of school transportation in selected communities. It will continue
the modernization of daaras (Koranic schools) by introducing an adapted curriculum through a results
oriented financing model in targeted regions, supported by a sensitization campaign.
Component 2: Improving Quality of Teaching and Learning
Under this component the Project will support a set of interventions that will lead to the
implementation of a revised curriculum for ECD, lower basic, and upper basic schools, with a
particular focus on English. In addition, it will develop a strategic framework and coherent policy
for an improved teacher training and professional development pre-service and in-service teacher
training which views teacher education along a continuum.
Component 3: Technical and Institutional Support
This component will support capacity building for evidence based decision making in the sector and
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provide support for the implementation of the communication strategy.
According to the World Bank project classification the GESSP is a Category B project with respect
to potential environmental and social impacts. A Resettlement Policy Framework (RPF) is therefore
necessary to guide the land acquisition process and the development of future Resettlement Action
Plans (RAP) in terms of the principles and procedures that will govern land acquisition, compensation
and economic assistance to project-affected persons (PAPs).
The present project has similar objectives to its predecessor, Results for Education Achievement and
Development Project (READ) for which an ESMF was prepared and approved and disclosed in 2013.
The present study is an update of this document taking account of the experiences gained in the
implementation of the safeguards policies in that previous project.
An RPF is being prepared because at this stage of project preparation, the scope, scale, locations and
number of sub-projects have not been fully defined so it is not possible to determine what the land
requirements and the real social impacts are, in terms of loss of livelihoods and economic activities
and who the Project Affected Persons (PAP) are.
The RPF requires that all subproject infrastructure development should be screened to determine,
whether or not, a particular sub-project(s) requires land, the size, location and availability. It will also
consider alternative sites to avoid involuntary resettlement.
This screening exercise must be carried out on a case-by-case basis for all infrastructure investments
to determine: i) whether land that is occupied or used will be required and ii) whether associated
mitigating measures that will be necessary before the construction phase have been defined in
sufficient detail that they can be readily implemented.
Where involuntary resettlement and land acquisition is unavoidable, a Resettlement Action Plan will
be prepared. The activities to be undertaken shall include: communication between the Project and
the affected community; conducting a baseline survey to determine their socio-economic status;
identifying the impacts of the resettlement on assets and livelihoods; identifying affected
groups/individuals; conducting a valuation exercise; preparing resettlement costs and submitting to
appropriate authorities in the Government for funding; and compensating the affected persons.
Compensation can be in kind, in cash or both. Land acquired, shall preferably be compensated in
kind in accordance with the laws of the Gambia and the World Bank Safeguard Policy OP 4.12.
Buildings and other structures are to be compensated in cash using replacement cost. Other valuation
methods have been presented for trees and crops. Resettlement and compensation shall be the
responsibility of the Gambia Government.
Thorough consultations with affected groups/individuals shall be undertaken through public
meetings, notification, involvement in resettlement committees and monitoring teams, during
documentation of holdings and assets. They shall also be consulted in discussing agreements on
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compensation, preparation of contracts and compensation payments. Grievances resulting from
resettlement and compensation shall be resolved using traditional/administrative mechanisms. Where
these fail to resolve the grievances the parties shall have recourse to the courts as provided for in the
1997 Constitution, the State Lands Act 1991 and the Land Acquisition and Compensation Act 1991.
Evaluation and monitoring are important components of the Resettlement Action Plan, and shall be
carried out throughout the project cycle for feedback and the institution of corrective measures where
necessary. At the regional level the Construction monitors in the regional offices shall be responsible
and they shall sent their reports to the PCU which shall prepare a consolidated report at national level
for the attention of NEA which will have overall supervisory role for monitoring. Training workshops
will be organised at both the national and decentralized levels to build capacity of the PCU staff and
the implementing partners.
When completed the Resettlement Action Plan shall be widely disclosed. This will include
distribution of as many copies as possible to different institutions and communities for comments and
suggestions. The document will also be distributed to individuals and community leaders such as
Members of the National Assembly (NAMs), Regional Governors; Area Councillors, and displayed
at “Bantabas” etc. For national and international disclosure the World Bank Web-site will be used.
ACKNOWLEDGEMENT
The Consultant wishes to express gratitude to all the staff of the Ministry of Basic and Secondary
Education notably:
Mr. Mohammed B.S. Jallow – Permanent Secretary;
Mr. Abdulai Sowe – Acting Manager, Projects Coordination Unit,
Mr. Ebou S. Gaye- Construction Programme Manager,
Mr. Addison Gomez- Procurement officer,
Mr. Musa Jassey- Quantity Surveyor
for their invaluable support and assistance
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CHAPTER 1: INTRODUCTION
1.1 Background
The Government of The Gambia in collaboration with The World Bank is developing a project to
support the Education Sector. The Gambia Education Sector Support Project will serve as
successor to the Results for Education Achievement and Development Project (READ) and would
consolidate the achievements made thus far in the sector by placing particular emphasis on
educational access, and improvement of quality of teaching and learning.
According to the World Bank project environmental classification GESSP is a Category B project
with respect to potential environmental and social impacts. Although no major resettlement issues
are expected to arise during the course of implementing the GESSP, the World Bank OP 4.12
Safeguard policy is triggered based on the fact that the school construction program will require
land.
However, at this stage of project preparation, the scope, scale and the locations of the sub-projects
have not been fully defined so it is not possible to determine what the land requirements are, what
the real social impacts would be and who the Project Affected Persons (PAPs) are. Against this
background, the Resettlement Policy Framework (RPF) is being prepared to define the principles
and procedures that will govern any resettlement activity and clearly indicate the measures to be
taken to mitigate the adverse social and economic impacts likely to result from the GESSP during
implementation and after.
This RPF reflects a commitment of the Project to comply with the Government’s social policies,
laws and regulations and the World Bank’s social safeguard policies.
1.2 Project Objectives and Components
The proposed project seeks to increase access to Early Childhood Development (ECD) and basic
education and to improve the quality of teaching and learning. The Project comprises three main
components: i) Enhancing Access to ECD and Basic Education; ii) Improving Quality of Teaching
and Learning; iii) Technical and Institutional Support.
Component 1: Enhancing Access to ECD and Basic Education
The aim of this component is to expand inclusive education for all, with an emphasis on geographic
and economic disparities, gender, students with disabilities, and other vulnerable groups, through a
blend of demand side and supply side interventions. On the supply side, access will be expanded
through construction of new classrooms ECD and Lower Basic School (LBS) classrooms, and
continued provision of school transportation in selected communities. On the demand side, access
2
will be expanded through a program which modernizes daaras (Koranic schools) by introducing an
adapted curriculum through a results oriented financing model in targeted regions, supported by a
sensitization campaign.
Component 2: Improving Quality of Teaching and Learning
Under this component the Project will support a set of interventions that will lead to the
implementation of a revised curriculum for ECD, lower basic, and upper basic schools, with a
particular focus on English. In addition, it will develop a strategic framework and coherent policy
for an improved teacher training and professional development pre-service and in-service teacher
training which views teacher education along a continuum.
Component 3: Technical and Institutional Support
This component will support capacity building for evidence based decision making in the sector and
provide support for the implementation of the communication strategy including procuring
equipment, materials, publishing, dissemination, logistics, and administration. The Project will also
provide support to the implementing agency for capacity building initiatives and project management
as well financing the project coordination unit (PCU) salaries and operating costs to coordinate the
proposed project, and building Ministry of Basic and Secondary Education (MoBSE) and the
Ministry of Higher Education, Research, Science and Technology (MoHERST) staff capacity
development.
1.3 Project Sub-components likely to Trigger Negative Environmental and Social Impacts
The Project component likely to trigger negative environmental and social impacts is Sub-
component 1.1: Supply Side Interventions to Increase Access and Equity under which there will
be construction of new ECD and LBS classrooms to expand access in select communities. This will
comprise the (i) construction of 40 ECD classrooms (20 using the community based approach and 20
using the annexed approach); (ii) construction of 40 LBS and UBS classrooms (half of which are
multigrade); (iii) special needs modifications. In addition to the classroom construction it is also
expected to construct toilets and water points.
1.4 Scope
The objective of the Resettlement Policy Framework (RPF) for the GESSP is to establish the
conditions under which land acquisition and resettlement will take place and outline the principles
and procedures to be followed, in the event that an infrastructural investment involves impacts and
losses associated with its implementation. This is to ensure that no individuals, households and
communities in the targeted areas are worse off due to future development. This process will be
inclusive, to encompass vulnerable social groups and guarantee that they receive equitable treatment.
The terms of reference for the study are attached as Annex 8.
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1.5 Recommendations of the Audit report on the Implementation of the Safeguards Policies
during the READ Project
The present is study is an update of the Safeguards documents prepared for the READ Project.
In August 2016 the Government commissioned an audit to assess the READ Project’s compliance
with the safeguards instruments as defined in the ESMF, RPF and the Project Appraisal Document
(PAD).
The main recommendations of the report can be summarized as follows:
i. Capacity Building-
It is recommended that the newly appointed ESFP and the Quantity surveyor who supervises the
RCMs be trained in safeguards similar to the course attended by the previous focal point. The
RCMs and other implementing partners (e.g. NEA, DWR, LGAs and the contractors etc.) should
also be provided in-country training to allow a greater number of participants.
ii. Land donations
It is recommended that the community compensates voluntary land donors with suitable land
where the donor needs it as already practiced in some communities. In addition, and again in line
with the current practice in the Ministry, the donor or a member of his family should be considered
for employment when job vacancies such as caretaker come up.
iii. Monitoring
Expand the TOR of the RCMs to include safeguards monitoring and modify the monthly reporting
format/ template to include safeguards reporting. For national supervision NEA should be urged
to take it up fully. The conclusions reached at the recent bilateral meeting between the NEA and
PCU should facilitate an early start of this exercise.
iv. Communication on the management of the project safeguards requirements
To improve on communication the proper recording and filing of important documents such as the
VLD certificates and completed ESSC is a good beginning. The information available must
however be made accessible to other partners such as the implementing partners such as NEA and
DWR, consultants working on infrastructure in the project and the contractors.
v. Water supply
The contractors should be required to correct all the defective issues which were identified during
the audit before the final handing over. It is also strongly recommended that the school sensitises
the children and the community on the right way of using the hand pump.
vi. Staff quarters
With respect to the orientation of the houses it is recommended that the wind direction during the
rainy season be taken into account in future constructions sites for the houses.
4
The PCU should ensure that access ramp for the physically disabled are constructed in all the
toilets.
The above recommendations have been taken into account in preparing the present update.
1.6 Methodology
In developing the RPF the following approach was adopted:
Desktop Review
This consisted of the review of relevant documentation (both print and electronic) made available
and they include the Audit report of the implementation of the RPF for the last READ Project,
reports and documents relevant national legislations, as well as World Bank’s OP 4.12. These
reviews provided information on the national legislations that regulate land related issues in the
country, with particular reference to compulsory land acquisition and also highlighted the Bank
policy on involuntary resettlement.
Field visits and consultations with potential PAPs
The visits and the consultations provided the opportunity to:
See some of the potential project intervention sites and to discuss with the
local communities about the project and its requirements for land and any
social issues the potential beneficiaries may wish to raise;
Identify specific interests and discuss potential roles and responsibilities of
stakeholders that would facilitate their participation, ownership and
sustainability of the project.
The consultations took the form of interviews with representatives of relevant government
agencies and focus group discussions with potential project beneficiaries at the community level.
The list of persons interviewed is attached as Annex 6 and the summary of the interviews and the
community consultations are attached as Annex7.
National workshop
A national workshop is to be convened to discuss the draft report with the representatives of the
various stakeholders. The comments/observations coming out of the workshop and those that may
subsequently come from the World Bank will be incorporated in the final report to improve the
quality.
5
CHAPTER2: OBJECTIVES AND JUSTIFICATION OF RESETTLEMENT POLICY
FRAMEWORK
2.1 Objectives and the basic terms of preparation of the RPF
Involuntary resettlement arises when people lose their land, assets and access to assets, their
income and livelihoods with or without physical relocation. The effect of these loses on the persons
living in the project zone would be, increased poverty unless measures are put in place to
compensate them for the losses incurred. The objective of this Resettlement Policy Framework
(RPF) is to provide a screening process, for the GESSP activities, to ensure that where land
acquisition for project activities is inevitable, resettlement and compensation processes for the lost
land and associated assets are conceived and executed in a sustainable manner. The Resettlement
Policy framework document establishes policies, principles, institutional arrangements and
indicative budgets to carry out the resettlement activities based on the national legislations of the
Government of the Gambia and the policies of the World Bank particularly, Operational Policy
(OP) 4.12.
This entails providing sufficient investment resources to meet the needs of the persons affected
and/or displaced from their habitat and resources. It also requires adequate collaborative
consultation and agreement with the project affected persons to ensure that they maintain or
improve their livelihoods and standards of living in the new environment. Table1 gives details of
categories of losses and their impacts on Displaced Persons.
Table 1: Categories of Losses and their Impacts on Displaced Persons
Loss Category Social Impacts
Relocation Impoverishment, disturbance of production systems, loss of sources of
income, loss or weakening of community systems and social
networks, loss of access to social amenities such as hospitals and
schools, water; dispersion of kin groups, loss of cultural identity and
traditional authority, loss or reduction of potential for mutual help,
emotional stress.
Loss of land but no
relocation
Impoverishment, loss of sources of income and means of livelihood,
loss of assets or access to assets, increased time to access resources
Alienation due to
neighbours being
relocated
Impoverishment, weakening of community systems and social
networks, loss of mutual help and community support , loss of
traditional authority, Loss of identity and cultural survival, emotional
stress
6
PAPs and host
communities
Impoverishment, loss of sources of income, reduced time and access
to resources such as hospitals and schools, water, increased time to
access resources, Disruption of social fabric, increased crime, increase
in diseases such as HIV/AIDS, Clash of cultural and religious beliefs
and cultural norms
2.2 Justification for the RPF
Based on the experiences of the implementation of the READ Project, the proposed investment
activities under the GESSP are not likely to result in the relocation of people. The loss of land and
access to economic resources are, however, distinct possibilities given the prevailing customary
land tenure system.
This framework therefore is necessary to provide guidelines for addressing concerns of affected
persons where:
- land is contributed voluntarily for the development project activities in return for
compensation;
- land is contributed voluntarily for development project activities without seeking
compensation; and
- land is acquired involuntarily for the development of project activities.
The guiding principle for land acquisition shall be that where land is required for implementation
of the investment program of the education sector, appropriate safeguards shall be observed to
avoid or reduce the negative impacts of land acquisition on the affected community members.
This framework shall be used on all GESSP sites with built-in mechanisms for resolving any forms
of disputes on land acquisition. The framework shall also be used for all education sector projects
irrespective of the funding agency. The RPF is presented in a much more comprehensive manner
so as to guide and ensure that all conditions of population dislocation or loss of socio-economic
benefits are taken into account during formulation of the Resettlement Action Plans (RAP).
2.3 Impact of the Project on Peoples, Assets and Livelihoods
As the actual site and size of land requirement for the various sub-components is not known it is
not possible to give an estimate of the persons to be affected and this is why a RPF is being
prepared now to cater for any eventuality.
7
CHAPTER 3: POLICY AND REGULATORY FRAMEWORK FOR LAND ACQUISITION
AND INVOLUNTARY RESETTLEMENT
Land acquisition and involuntary resettlement programs are governed by national laws and policies
as well the World Bank safeguard policy OP 4.12 which are presented below.
Land Administration in The Gambia The Ministry for Lands and Regional Governments is the main Government agency responsible
for the administration of land in the Gambia. The Ministry is supported in this role by two key
technical departments; the Department of Lands and Surveys and the Department of Physical
Planning and Housing. The former is responsible for the survey, mapping and demarcation of
national and international boundaries and government layouts whereas the latter is responsible for
ensuring the rational and equitable utilization of the available land resources. In addition to these
two institutions there is the Land Commission which is provided for in the Constitution (Art. 192).
The Commission, in co-ordination with relevant public agencies and government institutions,
manages lands vested in the state and provides advice to the Minister on land matters.
The main acts relating to land administration since the colonial period were the Lands (Regions)
Act 1991 and the State Lands Act 1991 which covers Banjul, the entire Kombo St. Mary as well
the districts of Kombo North, South and Central in the West Coast Region. There are also the
Physical Planning and Control Act 1991 and the Surveys Act 1991; Local Government Act, 2002;
The Survey Act, 1990, Land Use Regulations, 1995; Lands Commission Act, 2007; State Lands
Regulations, 1995; Development Control Regulations, 1995.
3.2 Land Tenure in The Gambia Land tenure in both the provinces and the state land areas fall under four main categories:
i. Customary;
ii. State Ownership;
iii. Leasehold; and
iv. Free hold.
Customary or traditional tenure is an interest or title which a member of the larger community
acquires in the communal land. It is an interest which is held as of right by virtue of being a
member of the community. The member who holds such interest has the right of beneficial
occupation; unfettered use (subject to the laws of the country). Upon death, the interest devolves
on his/her successors in title ad infinitum. This form of tenure is mostly prevalent in the Provinces.
State owned lands are public lands which have been specifically acquired by the government under
an appropriate enactment using the state powers of eminent domain. Currently the relevant legal
instrument is the State Lands Act of 1991, which provides for the compulsory acquisition for public
purposes or in the public interest. Under such ownership the rights become vested in the
government which can then proceed to dispose of the lands by way of leases, certificate of
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allocations etc. to the relevant beneficiary state institutions as well as private individuals and
organizations.
Lease hold tenure involves the execution of a lease between individual(s) and the Government/
District Authority for a period of twenty one years for Provincial lands and ninety nine years in
the state lands area. It is an interest in land for a specified period. Various terms and conditions
may be imposed by the grantor including the payment of rent as consideration for the grant.
Free hold tenure is the highest form of ownership with no term limits and is only created by express
grant from the crown or the Government. It is a rare form of tenure which confers absolute
ownership of the land and it exist mainly in Banjul and the immediate suburbs.
3.3 The Laws on Compulsory Acquisition 1997
In addition to The Lands (Regions) Act and the State Lands Act 1991 the other relevant national
laws with respect to compulsory land acquisition, compensation and resettlement are the
following:
- The Constitution of the Republic of the Gambia 1997
- the Land Acquisition and Compensation Act 1991
3.3.1 The Constitution of the Republic of the Gambia
The Constitution of the Republic of Gambia (1997) recognizes and upholds the principle of private
ownership of lands. Although the State has the inherent right of compulsory acquisition the
Constitution clearly states that this can only be done in public interest. Article 22 of the
Constitution states that “No property of any description, shall be taken possession of compulsorily,
no right over or interest in any such property shall be acquired compulsorily in any part of The
Gambia, except:
Section 1(a)” The taking of possession or acquisition is necessary in the interest of defense, public
safety, public order, public morality, public health, town and country planning or the development
or utilization of property in such a manner as to promote public benefit;” and
Section 1(b)” the necessity therefore is such as to afford reasonable justification of the causing
of any hardship that may result to any person having any interest in or right over the property;”
Section 1(c) provides for the prompt payment of fair and adequate compensation and aggrieved
persons have a right of access to a court or other impartial and independent authority for redress.
Section (4) expressly stipulates that where the compulsorily acquisition involves the
displacement of any inhabitant who occupy the land under customary law; the Government shall
resettle them on suitable alternative land with due regard to their economic wellbeing and social
and cultural values.
An important provision in the Constitution (Section 6) provides for the giving back of lands to the
owners when such lands are not used for the purpose for which they were compulsorily acquired
in the public interest.
3.3.2 The Land Acquisition and Compensation Act (LACA) 1991
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This Act provides the legal basis for the acquisition of property by the state for public/ planning
purpose. Section 3 of the Act provides that all land acquired under the provisions of the Act shall
be designated as state land and shall be administered under the provisions of the State Lands Act
1991. Section 4 empowers the Minister to acquire any property for public/planning purpose paying
such consideration or compensation as may be agreed upon or determined in accordance with the
Act.
Section 11 of the Act provides for compensation for land acquired under LACA. In computerizing
the compensation the market value of the property is taken. The open market value means the best
price at which an interest in property mighty reasonably be expected to be sold at the time of
valuation. The method often used to determine the open market value is the cost of replacement
method. This method is based on the current cost of construction of the structures and
improvements, including design, supervision, financing costs depreciated to reflect the remaining
useful life and the state of repairs of the structure.
In its practical implementation, whenever land is required for public purpose, the Land
Administration Board may enter upon and survey such land for the purpose of ascertaining whether
the land is suitable for the purpose for which it is required as well as to determine and mark out its
boundaries.
When the Minister of Lands directs that any such land is to be acquired under this Act, notices are
given to all persons having interest or claiming to be entitled to the land following a reasonable
enquiry for the purpose. By such notice, which must be published in the Gazette at least once,
such persons shall be asked to yield up possession of the land specified in the notice after the
expiration of a specified period of time, which shall not be less than six weeks from the date of the
notice. It is only after the expiration of the period specified in the notice that Government can be
entitled to enter into and take possession of the land.
3.3.3 Dispute Resolution
The Land Acquisition and Compensation Act provides that all disputes and disagreements on
compensation or title can be settled by arbitration or the Supreme Court. These include claims
made after 21 days from the date of the notice, unsatisfactory evidence to support claims or any
disagreement between a land owner/occupier and the Board.
All cases of disputed interest or title, except those held under customary occupation, may be
referred to arbitration with the consent of the land owner. For land under Customary tenure,
disputes shall be referred to the relevant District Tribunal.
All cases of disputes that are not settled by either arbitration or a District Tribunal shall be
determined by the Supreme Court through a summons taken out by either the Attorney General or
by any person holding or claiming any interest in the land to be acquired. The Supreme Court shall
also have jurisdiction to hear all other cases of disputes arising from compulsory acquisitions.
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3.4 World Bank Safeguard Policy, OP4.12
3.4.1 OP 4.12: Involuntary Resettlement
The World Bank policy on involuntary resettlement OP4.12, which was revised in 2013, indicates
the processes and procedures required to be followed where people have to lose property, means
of livelihood or where they experience a change in their standard of living as a result of the
implementation of a Bank financed project. Thus, this policy provides the guidelines for the
manner and timelines for payment of all compensations. It also recommends that due consultations
be undertaken with all stakeholders of the project before, during and after project implementation
with special attention to disadvantaged groups (women, children and the disabled) within the
population.
Consistent with World Bank policies and guidelines the preparation of a Resettlement Action Plan
(RAP), requires to take the following into consideration:
i) Involuntary resettlement should be avoided, or minimized, as much as possible, by
considering all feasible options including viable alternative project designs. Where
involuntary resettlement is unavoidable, all people affected by it should be
compensated fully and fairly for lost assets.
ii) Involuntary resettlement should be seen and undertaken accordingly as an
opportunity for improving the livelihoods of the affected people.
iii) All people affected by involuntary resettlement should be consulted and involved
in resettlement planning to ensure that the mitigation of adverse effects as well as
the benefits of resettlement are appropriate and sustainable.
The Bank’s Policies require that the RPF be;
a) prepared before project appraisal;
b) made widely available and circulated in The Gambia before project appraisal, at
publicly accessible locations and in a form that the potentially affected people can
understand; and
c) also made available at the Bank’s website.
The RPF can be revised as necessary during the entire life of the project but all revisions must be
approved by the Bank.
3.5 Comparative Analysis of Gambian Laws with W/Bank Safeguard Policy OP 4.12
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This section gives a comparison of the requirements World Bank Safeguard Policy OP 4.12 and
Gambian legislation on compulsory land acquisition and compensation namely: Land Acquisition
and Compensation Act, 1990. This gap analysis is presented in Table 4-1 but the principal findings
from this analysis are as follows:
Gambian law addresses some of the requirements of OP 4.12 but equally a lot of gaps do exist.
The similarities of the two include:
i) It is generally accepted by the two that those losing land or property should be
properly compensated and that compensation should be assessed as replacement
value.
ii) Notification of compulsory purchase is required and redress is provided through the
legal system;
Some of the most important gaps include:
i) Whilst OP 4.12 aims at minimizing severe long-term hardship, impoverishment,
and environmental damage caused by involuntary resettlement, current national
laws merely provide the environment for compulsory acquisition of land and
subsequent payment of appropriate compensation. There is no explicit requirement
to minimize hardships relating to involuntary resettlement. Thus, additional
measures such as allowances for ‘disturbance’ and assistance to resettle PAPs are
not provided for by Gambian law;
ii) Unlike OP 4.12 which covers economic and social impacts resulting in relocation
or loss of shelter, loss of assets or access to assets and loss of income sources or
means of livelihood, Gambian law does not provide for additional measures to aid
livelihood recovery or to provide special assistance to vulnerable groups;
iii) The land Acquisition and Compensation Act provides for limited consultation
procedures. Apart from a disclosure notice informing potential victims of
Government’s intention of acquiring their property compulsorily for Public
purposes, the Act has no provision for public consultation and involvement in the
acquisition process;
iv) The Land Acquisition and Compensation Act recognizes only those who have legal
title to the land to be acquired. Consequently those who do not have a legal
(Freehold, Leasehold or customary) right to land are not entitled to any
compensation for lost property, assets or earnings. These groups, who would
therefore not qualify for compensation, include squatters whether residential or
business and renters.
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v) The Land Acquisition and Compensation Act provides no legal requirement to
prepare Resettlement Action Plans (RAPs) or to undertake monitoring of the
resettlement process.
Because adherence to OP 4.12 is a prerequisite for implementation of this project, this RPF
therefore requires that MOBSE fully respects and implement the provisions of World Bank Op4.12
as well as those of national legislation and where the two differ then the Bank’s Policy guidelines,
OP4.12 should prevail.
Table 2: Comparative analysis of the Land Acquisition and Compensation Act and the
World Bank O.P 4.12.
Provision Land Acquisition &
Compensation Act
World Bank OP 4.12
Compensation 1. Compensation required.
2. Compensation to be assessed as
replacement value.
1. Compensation required.
2. Compensation to be assessed as
replacement value.
Notification Required Required
Redress Redress provided through the legal
system
Redress provided through the legal
system
Consultation Provides for limited consultation
procedures.
Public consultation and involvement
including disclosure and information on
grievance redress procedures required.
Objective of
Resettlement
Merely provides for compulsory
acquisition of land for public
purpose and subsequent payment of
compensation.
Minimises severe long-term hardship,
impoverishment, and environmental
damage
Coverage Does not provide for additional
measures to aid livelihood recovery
or for increased assistance to
vulnerable groups.
Covers economic and social impacts
resulting in relocation or loss of shelter,
loss of assets or access to assets and loss
of income sources or means of livelihood.
Minimising
Resettlement
No explicit requirement to
minimize involuntary resettlement.
Involuntary resettlement should be
minimized as much as possible.
Eligibility Recognizes only those who have
legal title
In addition to those who have legal title
the Policy also recognises squatters and
vulnerable groups.
Preparation of
Resettlement
Action Plan
No legal requirement to prepare
Resettlement Action Plan.
Resettlement Action Plan required
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Monitoring of
Resettlement
Process
Monitoring of resettlement process
not provided.
Monitoring of resettlement process
required.
3.6 Institutional Framework for Resettlement
A number of institutions will participate in the implementation of any compulsory land acquisition,
compensation and resettlement/ rehabilitation process that may arise during the implementation of
the GERMP. The overall responsibility, however, will rest with NAWEC.
For the purpose of this RPF, the main institutions involved and their responsibilities at national,
regional, local and / community levels are highlighted below.
i) National Level
At the national level the following agencies will be involved:
a) Ministry of Lands and Regional Governments
The Ministry of Lands and Regional Governments is the apex Institution responsible for all land
administration activities in the country. The Ministry is the final approving authority for all
planning and land transactions undertaken and processed by its technical departments. It is the
custodian of all land-related legislation (including the Land Acquisition and Compensation Act)
and overseas all Boards and Authorities responsible for land matters report to the Minister through
the Directors of Lands and Surveys and Physical Planning and Housing respectively.
This Ministry is also responsible for Decentralization (Local Government Act 2002) which seeks
to promote greater community involvement in the policy formulation and decision-making
processes in order to improve local governance. This requires the involvement of the local
community apart from the elected members and public servants, especially in those areas which
directly affect the lives of the whole community. A more aware and involved community is likely
to yield fresh ideas on problems and their solutions. Therefore, in the context of the preparation
and implementation of the RAP the local community will be expected to be closely involved.
b) Department of Lands and Surveys
The Department of Lands and Surveys is responsible for the day-to-day administration of the State
Lands Act, the survey Act, the Land Acquisition and Compensation Act and the Rating and
Valuation Act. The Department is mandated to:
i) demarcate all layout plans
ii) prepare lease plans
iii) maintenance of the National Geodetic Survey Framework
iv) prepare cadastral (registration) plans for adjudication on land titles
v) prepare base maps for valuation purposes
vi) prepare various types of thematic maps
vii) carry out property valuations for rating and compensation purposes
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The Department acts as the secretariat of the Land Administration Boards and processes all
applications for land, leases and assignments.
c) Department of Physical Planning and Housing
The Department of Physical Planning and Housing is responsible for:
i) the preparation of physical development and land use plans at national, district and
local levels
ii) control of land development at national, district and local levels
iii) control and coordination of land use at national, district and local levels
iv) implementation of the National Housing Policy
v) approval of all applications for development permits
vi) serves as the secretariat of the six Divisional Planning Authorities as well as the
National Planning Board.
d) National Environment Agency (NEA)
The National Environmental Agency was established by the National Environment Management
Act 1994. The NEA is charged with the responsibility for environmental management in The
Gambia. The Agency prescribes standards and guidelines relating to environmental protection
and/or pollution. It may, by notice in writing, direct any developer carrying on any project to
submit an Environmental Impact Assessment covering the project.
In the GERMP the NEA will be responsible for the overall supervision of the monitoring program
and for screening and appraising the RAP as well as monitoring and evaluating the
resettlement/rehabilitation process.
e) Land Surveyors’ Board
The Act provides for the establishment of a Land Surveyors' Board to, among other things, grant
license to private surveyors to enable them carry out surveying work in The Gambia and to advise
the Director of Lands and Surveys or the Minister for local Government and Lands on any matter
referred to it in connection with cadastral or other survey matter under the provision of the Act.
f) National Physical Planning Board
The Physical Planning and Development Control Act provides for the setting up a National
Physical Planning Board. The Board shall be appointed by the Minister for Lands and Regional
Government, and shall aauthorise and direct the preparation of draft Plans in accordance with the
Act and shall advise the Minister:
a) On the formulation of general Physical development policy for the country as a
whole or for any part as may be necessary;
b) On any matter relating to the administration of the Physical Planning and
Development Control Act, including the making of appropriate regulations; and
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c) On any matter referred to it by the Minister and shall do such other things as it
may consider necessary for the carrying out of its functions under the Act.
Similar bodies are also provided for by the Act at the regional level and referred to as Regional
Physical Planning Authorities.
g) Attorney General’s Department
The Attorney General’s Department has redress mechanisms in place for aggrieved persons.
Affected persons who are not satisfied with compensation due them are empowered by the
constitution to seek redress in the court of law. When this happens, the Attorney General’s
Department represents the government in the court’s proceedings. The Attorney General’s
Department is also responsible for drafting the Executive Instrument for acquiring the needed land
for the project.
ii) Regional Level
a) Local Government Authorities
The Local Government Authorities only direct involvement in land administration is the
maintenance of a register of all properties in their jurisdiction for rating purposes and in this way
they have register of ownership albeit not always very accurate.
b) Governors’ Offices
The Offices of the Governors process and prepare all applications for leases within their
jurisdiction. The Governor is the chairperson of the Regional Physical Planning Authority.
c) Land Administration Board
The State Lands Act provides for the setting up a Land Administration Board for the Greater Banjul
Area (GBA) and for each Region as and when required. The Board, which shall be appointed by
the Minister for Lands and Regional Governments, shall perform the following functions amongst
others:
a) Advise on the acquisition and compensation of land for public purpose;
b) Investigate disputes on land ownership and occupation in designated areas;
c) Assess land tax and premium for properties within designated areas; and
d) Monitor the registration of properties and inspect land register and records.
d) Office of the Regional Directorate of Education
The Regional Education Offices are responsible for the implementation of the policies and
programs in the regions. They provide an important link between the communities and the
Ministry. In the GESSP they will be actively involved in identifying specific subproject sites in
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consultation with the community, conduct screening of subprojects and also sensitize the
communities on the project objectives. In case of dispute relating to land acquisition they will be
required to assist in resolving it through the traditional dispute resolution mechanisms.
iii) Community level
i) District Authorities/Tribunals
According to the Lands (Regions) Act, customary land is vested in the District Authority. In this
regard, the District Authority, chaired by the District Chief, approves all applications for
conversion of customary tenure to leasehold. It also considers and approves all applications for
transfer of ownership of land within its jurisdiction.
The District Tribunal, also chaired by the District Chief, presides over all cases relating to land
disputes and ownership.
ii) Alkalo
The Alkalo (Village Head) oversees the management of all customary land in the village on behalf
of the District Authority. As a result the mandate to allocate village land is vested on the Alkalo.
He also approves all allocation and transfers made by Kabilo heads. The Alkalo collects land rates
on behalf of the Council. Given that the majority of properties fall under this category, the Alkalo
perform significant land management functions in the country.
CHAPTER 4: PROCEDURES FOR LAND ACQUISITION AND RESETTLEMENT FOR
THE GESSP INFRASTRUTURAL INVESTMENT
The proposed activities under Components 1 of the Project will require land which may result in
involuntary acquisition and this can lead to loss of land, denial of people’s access or restriction of
17
access to land resources, services and social amenities. In this case, the resettlement action plans,
consistent with OP 4.12 and the resettlement policy framework, must be prepared.
4.1 The screening process Once a particular infrastructure subproject of the GESSP is known the Regional Directorate in the
region where the investment is to take place shall screen the subproject investment. The
Construction monitor attached to the Office shall complete an Environmental and Social Screening
Form(ESSF) (Annex 1) to determine, whether or not, a particular sub-project(s) requires land and
the size, location and availability in particular to answer the following questions (12 and 13 in the
ESSF):
Will the infrastructure result in displacement, loss of assets, or access to assets (Yes or
No)? and
Will the infrastructure result in the permanent or temporary loss of crops, fruit trees, and
household infrastructure (such as granaries, outside toilets and kitchens, etc) (Yes/No)?
If the answers are ‘No,’ the construction poses no particular resettlement concern. If one or more
of the answers are ‘Yes,’ then a Resettlement Action Plan (RAP) is required. The findings are
forwarded to the for field verification of the assessment results. Where the construction poses no
particular concerns or only minor ones which could be addressed by simple measures the
construction work should be allowed to proceed. These simple measures should be included in the
bidding documents and the contractors be made to fully implement those clauses.
However, where resettlement is involved, the assessment should be forwarded by the PCU to the
NEA for further scrutiny and approval for the preparation of the RAP. The PCU shall recruit
consultant(s) to prepare a RAP which will entail amongst others a baseline survey to be followed
by the preparation of the plan. The completed plan is to be submitted to the NEA for review and
appraisal.
Upon completion of review and appraisal the NEA will advise the PCU about the outcome based
on the option which may include acceptance or resubmission or rejection of the RAP. The PCU
will then proceed accordingly. Once approved, the PCU can proceed with implementation which
commands priority over the implementation of the investment component of the project to ensure
that displacement or restriction of access does not occur before the necessary measures for
resettlement are in place. The PCU will ensure that compensation is effected in line with the
national laws and World Bank Safeguard Policy on Involuntary Resettlement.
The screening of project components must be carried out on a case-by-case basis to determine: i)
whether land that is occupied or used will be required and ii) whether associated mitigating
measures that will be necessary before the construction phase have been defined in sufficient detail
that they can be readily implemented.
The Environmental and Social Screening Form (ESSF) is designed to inform the PCU about
critical issues and to make available to reviewers key information so that mitigation measures, if
18
any, can be identified and/or that requirements for further analysis can be determined at an early
stage of the project cycle for compliance with national legislations and Bank safeguards.
4.2 Preparation, Review and Approval of the Resettlement Action Plan
4.2.1 Preparation
The Bank’s policy requires a RAP for any investment that involuntarily displaces people from land
or productive resources, and the displacement results in: relocation, the loss of shelter, the loss of
assets or access to assets important to production; the loss of income sources or means of
livelihood; or the loss of access to natural resources. When this is found to be the case the PCU
will develop a RAP which will entail: first identification or screening stage to be followed by a
baseline survey and finally the development of the plan.
4.2.2 Identification Stage
During the identification and preparation stage, an Environmental and Social Screening Checklist
(Annex I) will be completed to determine, whether or not, a particular component requires land
and the size, location and availability. The checklist is designed to inform the about critical issues
and to make available to reviewers key information so that mitigation measures, if any, can be
identified and/or that requirements for further analysis can be determined at an early stage of the
project cycle for compliance with national legislations and Bank safeguards.
4.2.3 Consultations
During the entire process of preparing the RAP consultations with the public is essential as it offers
the affected persons an opportunity to participate and contribute to both design and implementation
of the project activities. Public participatory consultation will be done through stakeholders’
meetings and workshop at suitable locations, and the official residence or offices of the local
leaders. The information will be made to each household on entitlement eligibility criteria, modes
of compensation, complaints and grievances resolution procedures.
4.2.4 Baseline Survey
Preparation of the resettlement plan will entail undertaking a baseline survey consisting of a census
of all affected persons and assets and a socio-economic survey of the conditions of the affected
persons.
The census would identify potentially affected individuals, households and vulnerable groups
(children, the elderly, female headed households, widows, widowers, etc.). The socio-economic
study will collect baseline socio-economic data of the potentially affected
populations/communities within the project targeted areas. The socio-economic assessment would
focus on identification of stakeholders (demographic data), the participation process, identification
of affected people, impact on their property, their production systems, the institutional analysis
and the system for monitoring and evaluation. Detailed calculation of household economies and
identification of all impacts will be necessary in the socio-economic assessment and be
determinant in the potential compensation process.
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4.2.5 Development of a Resettlement Action Plan
The content of a resettlement action plan depends upon whether a full RAP where a major
resettlement involving 200 or more persons is to be prepared. Less than this number an abbreviated
RAP is prepared. The content of both a full rap and an abbreviated RAP are attached as Annex 2
and Annex 3 respectively.
4.2.6 Screening and Appraisal of the RAP
The completed RAP will be submitted by the PCU to the National Environment Agency for
screening and appraisal by the relevant government agencies. The screening process will:
i. Identify and assess potential impacts for the proposed Project Component and determine
whether land is required and whether displacement or loss of access and/or property may
occur;
ii. Examine whether or not the involuntary resettlement policy will be triggered;
iii. Examine whether the RAP is adequate and feasible; and
iv. Review the environmental and social impacts assessment.
Upon completion of screening, the NEA will advise the PCU about the outcome of the screening
based on the option which may include acceptance or resubmission or rejection of the RAP. The
PCU will then proceed accordingly.
4.2.7 Relocation and Compensation
The PCU will oversee the implementation of the RAP once it is completed and approved. The
implementation of the RAP commands priority over the implementation of the investment
component of the project to ensure that displacement or restriction of access does not occur before
the necessary measures for resettlement are in place.
The PCU will ensure that compensation is effected in line with the national laws and the World
Bank Safeguard Policy on Involuntary Resettlement.
5. ELIGIBILITY CRITERIA FOR AFFECTED GROUPS/INDIVIDUALS
5.1 Eligibility Criteria for Compensation
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For an effective involuntary resettlement programme, a description of the categories of the affected
groups and the potential type of impacts need to be established. Based on these, entitlements for
each type and category of impact, the detailed requirements for determining the value of affected
assets and outlining the process by which valuation will be undertaken will be set out.
Once involuntary resettlement is identified necessary for a Project, a census in the context of
preparing the RAP will be carried out to identify the persons who will be affected by the project
and who will therefore be eligible for assistance. The potential PAPs can be classified in one of
the following three groups:
i) Those who have formal legal rights to land (including customary and traditional
rights recognized under the laws of the Gambia);
ii) those who do not have formal legal rights to land at the time the census begins but
have a claim to such land or assets--provided that such claims are recognized under
the laws of the country or become recognized through a process identified in the
resettlement plan;
iii) Those who have no recognizable legal right or claim to the land they are occupying.
Persons covered under categories i) and ii) are provided compensation for the land they lose, and
other assistance/compensation in accordance with OP 4.12. Persons covered under iii) are provided
resettlement assistance instead of compensation for the land they occupy, if they occupy the project
the area prior to the established cut-off date and other assistance/compensation, as necessary, to
achieve the objectives set out in OP 4.12.
Project Affected Persons (PAPs) under categories ii) and iii) above include residential and business
tenants, tenant farmers, squatters, petty traders, and businesses operated out of make-shift
structures (such as shipping containers and other informal structures).
To be eligible for resettlement, the primary requirement for eligibility is that PAPs are enumerated
at their place of work or residence during the RAP census. Where PAPs are not, for one reason or
the other, enumerated during the census, or in cases of disputed eligibility, PAPs will be expected
to provide proof of their presence in the project area during the census period in order to be eligible
for compensation. Proof can include registered land titles, certificates of occupancy, proof of
customary ownership, tenancy agreements, rent receipts or development permits. Where PAPs
have none of the above, testimony from neighbors, employers, Village Alkalos, or District Seyfos
will be allowed.
5.2 Cut-off Date
For each investment the cut-off date for eligibility will be set as the date when the PCU completes
the census of people occupying the land to be acquired and the inventory of their assets (land, built
21
structures, and other infrastructure such as wells and fences) and the affected groups have been
duly informed of their dues. The same information should be made public in a meeting attended
by the persons affected by the proposed sub project. The cut-off date will also be displayed at the
offices of the Regional Governors, Regional Offices of NAWEC and the Area Councils.
Persons who encroach on the area after the cut-off date are not entitled to compensation or any
other form of resettlement assistance.
5.3 Categorisation of Persons Likely to be Affected
To facilitate the process of determining compensations, PAPs will be categorized according to
their level and manner of losses. Thus potential persons likely to be displaced (economically or
physically) will be categorized into the following groups:
a. Project affected persons (PAPs) are individuals whose assets may be lost and/or
affected, including land, property, other assets, livelihoods, and/or access to
natural and/or economic resources as a result of activities of this Project.
b. Project affected households are groups of PAPs in one household and where
one or more of its members are directly affected by the Project. These include
members of the household, dependent relatives and tenants.
c. Vulnerable groups who could be members of affected households. They include
vulnerable members, such as those who are too old or too ill; children; those
stricken with HIV/AIDS; women; unemployed youth, and orphans; households
headed by women that depend on sons, brothers, and others needing support
and are especially vulnerable. The vulnerable groups will be eligible for
additional assistance. This category runs the risk of seeing their vulnerability
increase as a result of the resettlement unless supplementary assistance is
provided.
d. Affected local communities – A community will be affected if project activities
affect its socio-economic and/or social-cultural relationships or cohesion. For
example project activities could lead to loss of welfare or cultural cohesion etc.
The Socio-economic studies to be undertaken in the preparation of the RAP will clearly define for
each project component the specific category of people likely to be affected. During these studies
special attention will be paid to these groups by identifying their needs so that (i) they are
individually consulted and given the opportunity (i.e. not left out) to participate in the project
activities, ( ii) that their resettlement and compensation is designed to improve their pre-project
22
livelihood (iii) special attention is paid to monitor them to ensure that their pre-project livelihood
is indeed improved upon (iv) they are given technical and financial assistance if they wish to make
use of the grievance mechanisms of the project and (v) decisions concerning them are made in the
shortest possible time.
5.4 Assistance to Vulnerable Persons
Vulnerable groups are usually disadvantaged in processes involving land transactions especially
when a lot of paperwork is involved. As a result, this resettlement process will extend particular
recognition and support to all vulnerable groups including orphans, female-headed households,
small scale female farmers, elderly persons, people living with disabilities and people living with
HIV/AIDS.
Compensation for permanently lost parcels of land will be derived from the open market value of
similar land in the immediate locality and base on prices previously paid, but which are adjusted
to allow for changes and other circumstances affecting the land.
Thus, in this case, additional information will be sought from land brokers and/or field surveys
involving the collection of the values of plots of land from the general area of the affected sites
and comparing them with current physical characteristics of the land to be acquired.
CHAPTER 6: EVALUATION OF ASSETS AND COMPENSATION
6.1 Land Compensation
Compensation for loss of the productive value of the land will also be determined. This will be
based on the replacement value of the land assuming a specific period which can reasonably cover
the losses incurred, if land can be reinstated to previous use. Any trees or structures lost as a result
of the relocation will be separately assessed and compensated.
23
6.2 Compensation for Trees
For timber trees the valuation for compensation would be carried out using either prevailing market
prices from local markets or the consumer price index to allow for annual inflation. For fruit trees
the valuation will depend on the type tree. For banana trees, for example, which have a relatively
much shorter productive lifespan than mango trees-, compensation will be based on the full market
values of the trees harvested in that year plus one additional year. Payment for the second-year
would entail the replacement cost of planting a new tree, managing it and harvesting it all within
a year.
For other types of fruit trees such as mangoes, the valuation would be based on the average annual
yield potential of the tree multiplied by the number of productive years at time of felling of the
fruit trees and all valued at the prevailing open market price. The Planning Service Unit (PSU) and
the National Agricultural Research Institute (NARI) of the Ministry of Agriculture’s (MOA) can
be contacted for database on agricultural commodities prices and potential yields for crops and
fruit trees.
6.3 Compensation for Crops
In the light of this, the valuation of annual crops would be based on the unit area cultivated
(preferably in ha) multiplied by both the yield potential (kg/ha) that depends on the crop quality
and current market price (price/kg) of the crop to derive the value of income from one season’s
production. The same computation methods would be used for the following year’s harvest. The
DOA and NARI could be consulted for the database on commodity market prices and yield
potential of annual crops.
In the absence of the existence of such databases, the compensation of the crops would be paid at
market price (that would be valued at the last 3-year average for both mature and harvested crop)
for the production lost. This takes into account the value of the crops and the value of the labour
invested in the preparation of the new land.
6.4 Compensation for Houses and Infrastructure
For houses and other structures, it is the replacement cost without taking into account the
depreciation of the assets, the value of salvage materials, nor the value of benefits to be derived
from the project.
The replacement cost for buildings and structures will be derived from references to current unit
construction costs for similar types of structure. Similarly, costs for replacement of walls and
fences will be calculated by unit length whilst costs for wells will take account of their depth and
lining. Costs will include those related to reinstating utility connections.
24
For temporary structures, such as shipping containers, kiosks, sheds used as shops, and residences,
compensation will not include replacement costs because it is assumed that the structure will be
dismantled and/or relocated to another site. Assistance will however be provided to cover the full
cost of removal and relocation to another site.
6.5 Compensation for Loss of Revenue derived from both Formal and Informal Activities
This category covers the following:
(i) Loss of Income from Rent and Expenditure Incurred for Alternative Accommodation
during reinstatement period;
(ii) Loss of Business Income and Loss of Business Goodwill;
(iii) Loss of Wages, Loss of Fees from Apprentice, Loss of Job Training.
For category (i) the comparative method is used based on the average monthly net profit. For
category (ii) the method used is the comparative sales method and compensation is based on the
comparable rent past and rent advance paid. Finally for category (iii) the comparative method is
used and compensation is based on going fees and wages.
A description of the proposed types and levels of compensation under local law, and such
supplementary measures as are necessary to achieve replacement cost for lost assets, will be in
each RAP.
Once individual sub-project impacts are identified and valuation of individual structures is
completed, detailed compensation rates for different structures will be included in the resettlement
plan, and the plan will be submitted to the World Bank or its designated representative for review
and no-objection.
Table 3: Matrix of compensation packages by type of asset lost and ownership right
Compensation Category Types Compensation Method
Land acquisition and
compensation
(Permanent acquisition)
Note: If remaining parcel is
not viable, owner has right to
require purchase of entire
parcel.
Customary lands, private lands Prevailing market value of the land to be acquired;
otherwise, replacement value
Owner has the opportunity of being allocated a new
plot if one is available and it is suitable to owner’s
needs
Compensation for
houses/infrastructure
All immovable structures and
physical assets including buildings,
Replacement value equivalent to the cost of
constructing a new structure of similar construction
25
irrespective of legality of
occupation rights of
structure
This category will include
squatters occupying line
corridors
concrete floors, perimeter walls,
wells, outbuildings, etc.
standard and size at prevailing prices without
depreciation. Costs for replacement of walls and
fences will be calculated by unit length, whilst costs
for wells will take account their depth and lining
PAPs will be allowed to remove salvageable
construction materials and this will not affect
compensation. Transportation costs will be based on
truck hire costs commensurate with volume of
salvageable materials and possessions
Temporary structures including
kiosks, shacks, converted shipping
containers
Full costs of removal and transfer to a location selected
by the owner
For tenants only: compensation for
cost of any improvements made
Replacement value
Temporary loss of revenues
during construction
Include residential tenants, business
operators (whether owners or
renters of their premises) and
squatters
Full reinstatement or replacement value or a
combination of the two
Compensation for crops Standing crops (include groundnuts,
maize, millet, etc.)
Valuation based on unit area cultivated (preferably in
ha) multiplied by the yield potential (kg/ha) and
prevailing market price (price/kg)
Trees (includes timber, fruit
trees)
Timber Valuation based on prevailing market price or the
consumer price index
Banana Market value of the trees harvested in that year plus
one additional year
Other fruit trees (mangoes, oranges,
coconut, guava, papaya)
Number of trees affected x by the average annual yield
potential/tree x the number of productive years at time
of felling x the prevailing market price
CHAPTER 7: THE MECHANISMS FOR PREVENTION AND RESOLUTION OF CONFLICTS
7.1 Types of Complaints and Conflicts to Resolve
Where compulsory acquisition is to take place and a resettlement and compensation programme
has to be implemented the potential sources of conflicts include the following:
(i) Inventory mistakes made during census survey as well as inadequate valuation of
properties.
(ii) Mistakes related to identification and disagreements on boundaries between affected
individual(s) and specifying their land parcels and associated development.
(iii) Disagreements on plot/asset valuation.
(iv) Disputed ownership of a given asset (two or more affected individual(s) claim on the same).
(v) Where affected individual(s) opt for a resettlement based option, disagreement on the
resettlement package (the location of the resettlement site does not suit them).
26
7.2 Mechanisms for Conflict Prevention and Dispute Resolution
The above mentioned grievances, when they occur, can be resolved using traditional and
administrative mechanisms or the law courts at national, regional and community levels.
Grievances and conflicts need to be addressed immediately at the community level. The PCU is to
be notified of any disputes in the project area. The staff of the Regional Directorate should work
closely with the communities particularly the community leaders (Alkalo and the VDC) to clarify
and resolve any misunderstanding that could give rise to conflicts.
Where the dispute cannot be resolved at the community level, the PCU should bring the matter to
the attention of the Permanent Secretary of the Ministry who shall immediately conduct
consultations with the Office of the Regional Governor and the Ministry for Local Government &
Lands to find an agreement acceptable to the aggrieved. A sample of a complaint reporting form
is provided in Annex 5. The completed form should be submitted to the Construction Monitor for
onward transmission to the PCU. A case file should be opened for each complaint which should
record how the matter was resolved or otherwise.
Where these traditional and administrative procedures fail to resolve the dispute the aggrieved
party has the right to take the matter to the courts with the possibility of reaching the Supreme
Court which constitutes the last resort for solving these disputes. The 1997 Constitution, the State
Lands Act 1991 and the Land Acquisition and Compensation Act 1991 all allow for the right of
access to the Supreme Court by any person holding or claiming any estate or interest in the land.
CHAPTER 8: INSTITUTIONAL RESPONSIBILITIES FOR THE IMPLEMENTATION OF RPF
To ensure the success of the resettlement plan requires an appropriate institutional framework both
at agency and field levels. It is therefore important to identify as early as possible in project
preparation the appropriate agencies to be mandated to carry out the various activities set out in
the RPF.
8.1 The Project Coordinating Unit (PCU)
The most important agency to be involved in the implementation of the whole resettlement
planning and implementation process will be the PCU. It will be responsible for the oversight of
implementation of the RPF and provide an enabling environment for the same. The Ministry Basic
and Secondary Education shall have oversight role and overall responsibility.
The tasks and responsibilities of the PCU shall include:
Designation of an environmental and social focal point within the PCU to be responsible
for all the social aspects of the Project including the implementation of the RPF and the
project grievance mechanism/resettlement;
27
Responsibility for screening, conducting subprojects-specific Environmental Social
Impact Assessment/ Environmental Management Plans/Resettlement Action Plans
Ensuring that the concept of minimal relocation and resettlement is taken into account in
developing sub-projects;
Systematic screening of all subprojects to determine whether further environmental and/or
social assessment is needed;
Ensure that bidding documents contain environmental and social clauses and that
contractors fully implement those clauses;
Ensure that compliance monitoring with Bank safeguard policies and national
environmental laws and regulations is periodically carried out.
Conducting subprojects-specific Environmental Social Impact Assessment/
Environmental Management Plans/Resettlement Action Plans
Ensure that compulsory acquisition process is initiated where it is required (preparation of
plans, preparation of the necessary legal instruments for acquisition)
Supervise the implementation of monitoring and evaluation program.
8.2 Office of the Regional Education Directorates
The Regional Directorates form an important link between the Ministry and the local communities
and are responsible for implementing on the ground the policies and programs of the Ministry.
They work with the community elders in the identification of building sites for the schools. The
Directorate also houses the Construction Monitors who regularly monitor work at the construction
sites.
In the implementation of the RPF the Office of the Regional Directorate shall have the following
responsibilities:
Identification of subproject sites in consultation with the local community;
Conduct the screening of all infrastructural investments to determine whether resettlement
is involved. The screening results, as mentioned above, should be sent to the PCU;
Conduct regular compliance monitoring of the implementation of the mitigation measures
designed to reduce or minimize the negative social and economic impacts generated by
project activities;
Work with the local community particularly the elders to prevent disputes and when they
occur use the traditional mechanisms to resolve them.
28
8.3 National Environment Agency
The NEA will have a monitoring supervisory role and shall be responsible for confirming the
results of the screening process, reviewing and clearing subproject-specific safeguard instruments
and conducting compliance monitoring, with national laws and regulations, as well as World Bank
safeguards policies and procedures. In addition the Agency shall:
Conduct biannual nationwide supervisory visits to GESSP sites and provide technical advice
and support in project implementation;
At regional level conduct quarterly visits to project sites and provide support to the Regional
Directorate in the screening and categorisation of infrastructural investments;
Participate in the training and sensitization of beneficiaries to enhance understanding of the
national laws on social safeguards and World Bank Safeguard instruments, particularly OP
4.12.
8.4 Capacity Building
In the implementation of RPF it will be necessary for various institutional actors and other
implementing of the RPF and the resettlement plans to have training sessions on the World Bank
Safeguard instruments particularly OP 4.12 and on the tools, procedures and content of
resettlement programs (RPF, RAP, etc) in order to enhance their capacities. This will require the
organization of training workshops which could be attended by representatives of various
institutions involved in the implementation of RPFs or RAPs at the central as well as at the
decentralized levels. Such training shall be conducted in the in the framework of the overall
capacity building programme for the implementation of the ESMF.
CHAPTER 9: MONITORING AND EVALUATION
Monitoring and evaluation are fundamental components of the Resettlement Policy Framework
and they will be carried out on a continuous basis.
9.1 Monitoring Monitoring will take place during the implementation of the resettlement policy framework and
will consist of both internal and external monitoring.
- Internal Monitoring
First the Construction monitors will be required to provide monthly reports on progress on the
identification and acquisition of land, progress in the compensation of PAPs and the level of their
participation in project activities. These reports will be submitted to the PCU for transmission to
the Project Steering Committee and the NEA.
29
Second, the PCU will compile the monthly resettlement reports and make an integrated
resettlement report in the annual M&E report to the Project Steering Committee and the World
Bank and the NEA.
- External Monitoring External monitoring will be done by the NEA and/or a qualified NGOs working in the area. The
frequency and scope of this monitoring will be determined in the Memorandum of Understanding
to be signed between the PCU and NEA.
The monitoring system will:
a) alert PCU and the Project Steering Committee on the necessity for land acquisition in any
sub-project proposal;
b) provide timely information about the valuation and negotiation process;
c) report any grievances that require resolution; and
d) document timely completion of the sub-project resettlement obligations for all permanent
and temporary loses, as well as unanticipated, additional construction damages.
e) Community Monitoring
f) As part of promoting greater community participation and involvement in the project and
also to promote a sense of ownership, the community will be involved in the monitoring
of the implementation of the RPF. For this purpose they need to be adequately sensitized
land issues and transfer procedures and conditions governing such transfers. This will
create a better understanding of the land issues as they relate to the project.
9.2 Evaluation
An evaluation will be done to determine whether the efforts to restore the living standards of the
affected population have been properly designed and executed.
The following are the objectives of the evaluation:
(i) General assessment of the compliance of the implementation of the Resettlement Action
Plan with general objectives and methods as set in this document;
(ii) Assessment of the compliance of the implementation of the Resettlement Action Plan with
laws, regulations and safeguard policies;
(iii) Assessment of the consultation procedures that took place at individual and community
level, together with the Central Government and Local Government levels;
(iv) Assessment of fair, adequate and prompt compensation as they have been implemented;
(v) Evaluation of the impact of the compensation on income and standard of living;
(vi) Identification of actions, as part of the on-going monitoring, to improve the positive impact
of the program and mitigate its possible negative impact if any.
Preferably the evaluation should take place after all RPF activities have been completed including
development initiatives, but before the financial commitments to the program are finished. This
30
will allow the flexibility to undertake any corrective action that the auditors may recommend
before the project is completed.
9.3 Indicators for Monitoring and Evaluation 9.3.1 Monitoring Indicators
Indicators are set of targets prepared at project design against which project progress or otherwise
can be measured. The monitoring indicators can be summarized as follows:
number of statutory acquisition notices delivered and those outstanding;
number of PAPs who have left the area by type by category comprising owners who have
lost land or structures as well as tenants and employees who have lost their place of work,
and the number remaining;
number, type, and value of cash and in-kind compensation payments made;
number and type of grievances redress applications, type of grievance made, and manner
of resolution; and
Issues brought to the notice of the PCU handling the resettlement process by PAPs and the
mode of settlement used.
9.3.2 Evaluation Indicators
Similarly, the evaluation indicators are also summarized below:
the number of population that would be affected, number of stakeholder engagement
conducted and duration;
The numbers of PAPs relocated and numbers un-relocated based on initial estimates.
the number of compensation disbursed by type/ category of PAP, including the ability to
comply with the terms of compensation contained in the RAP;
% or number of grievance received, number resolved and number left unresolved and why?
% or number of potential adverse impacts identified, number resolved, when
% or number of PAPs compensated and % or number that have regained their incomes
activities
CHAPTER 10: BUDGET ANDFUNDING ARRANGEMENTS
10.1 Budget
Resettlement Action Plans will include a detailed budget for compensation and other rehabilitation
entitlements. It will also include information on how funds will flow as well as compensation
schedule. The estimate of the overall cost of resettlement and compensation cannot however be
determined prior to identification of the sub project, but will be determined during the socio-
31
economic study. The compensation modality will be agreed upon between the PAPs and the
Project. Final Resettlement cost estimates and budget will consider items covered in Table 4 below.
Table 4: Resettlement Cost Estimation
Resettlement and Compensation cost Cost of census and survey of PAPs and
inventory of assets
Cost of information and consultation
Compensation for lost assets (land,
structures etc)
Cost of replacement land
Cost of preparation of replacement farmland
Relocation and transfer Cost of moving and transporting movable
items
Cost of replacement housing
Cost of site and infrastructure development
and services
Subsistence allowance during transition
Cost of replacement businesses and
downtime
Income restoration plan Cost estimates for income restoration plans
(e.g. training, small business, community
enterprise, etc)
Cost of incremental services (extension,
health, education)
Environmental enhancement package
(forestry, soil conservation, grazing land
etc)
Administration costs Physical facilities (office space, staff
housing, etc)
Transport/vehicles, materials
Operational staff (managerial, technical)
and support staff
Training and monitoring
Technical assistance
Evaluation by independent agency
Source: Cernea, Michael, 1988. Involuntary Resettlement in Development Projects, the World Bank,
Washington DC
10.2 Sources and Mechanism of Financing
The implementation of the RAP, prepared as a result of the implementation of the present RPF
will be financed by the Gambia Government. As the Borrower, the Government of The Gambia
has official responsibility for meeting the terms of this framework, including financial obligations
associated with land acquisition. The funds for resettlement/rehabilitation will therefore be
32
provided by the Government of The Gambia through the Ministry of Finance and Economic
Affairs.
A detailed inventory of all affected assets carried out while preparing the RAP, will provide the
basis for estimating the compensation and assistance costs. The funds will be disbursed in the same
manner as the funds for the other components of the project and will comply with the regulations
of The Gambia Government on the disbursement of funds by government agencies (i.e. direct
transfer to bank accounts of the respective beneficiaries).
The IDA credit will finance the preparation of the RAP, communication & sensitization, capacity
building, monitoring and evaluation (Mid-term and Final evaluation).
CHAPTER 11: CONSULTATION AND DISCLOSURE PROCEDURE
Consultations the communities are an important component of any resettlement exercise as they
give an opportunity to the community, particularly the PAPs, to participate in the project. It is
important for the consultation process to be documented.
11.1 Consultations on the Preparatory Processes
The documents on the resettlement process will be extensively discussed at the preparatory stage
for the views of the stakeholders and once the documents are finalized they will be made available
to the general public to ensure as wide publicity as possible.
11.2 Consultations on the Resettlement Policy Framework
As provided under World Bank policy OP. 4.12 information and consultation on the GESSP
Resettlement Policy Framework shall be organized as follows:
(i) Organize Resettlement Policy Framework validation workshop for all relevant
stakeholders for comments
(ii) Share with the World Bank for comments
(iii) Incorporation of stakeholders and World Bank comments
(iv) Discuss and sensitize local communities on the content of the RPF to facilitate their active
participation in its implementation.
11.3 Consultation on the Resettlement Action Plan (RAP)
Consultation with the public on the entire process of resettlement is essential as it offers the
affected persons an opportunity to participate and contribute to both design and implementation of
the project activities.
Public participatory consultation will be done through stakeholders’ meetings and workshop at
suitable locations such at the “bantaba”, and the official residence or offices of the local leaders.
33
The information will be made to each household on entitlement eligibility criteria, modes of
compensation complaints and grievances resolution procedures.
11.4 Disclosure The document for the Resettlement Action Plan when completed will be widely disclosed.
Methods for the disclosure of the document will include:
(i) Distribution of as many copies as possible to different institutions and communities for
comments and suggestions.
(ii) Distribution to individuals and representative persons like Members of the National
Assembly (NAMs), Regional Governors, Village Councillors, Village Development
Committee members etc.
(iii) Conducting meetings to discussion the plan. The meetings will be conducted at the places
where the resettlement will take place.
(iv) An executive summary of the RPF and of any RAP will be made available in the local
languages and disclosed in locations accessible to all the stakeholders.
(v) The Government will also authorize dissemination of this document through the World
Bank’s web-site
.
ANNEXES
34
Annex 1: Involuntary Resettlement Screening and Categorization Form
Impact Not Known Yes No Indication of Scope Is the proposed sub-project
undertaking likely to involve land
acquisition?
Does the land in question have to be
compulsorily acquired?
Are the sites for land acquisition
known?
What is the ownership status of the
land?
Are non-titled persons present? Will tenants, lessees, share farmers,
or other third party users be affected?
Will there be loss of housing? Will there be loss of crops, trees, and
other fixed assets?
Will there be loss of incomes and
livelihoods?
Will access to facilities, services, or
resources be lost?
Will there be loss of businesses or
enterprises?
Will any social or economic
activities be affected by land use
related changes?
Will the involuntary resettlement be
conducted in accordance with World
Bank Safeguard Policy?
Does the government executing
agency have sufficient skilled
resources for resettlement planning
and implementation?
Are training and capacity-building
required prior to resettlement
planning and implementation?
35
Annex 2: Main Contents of the Resettlement Action Plan
Description of the project sub-component
Potential impacts(including those identified during the census and the socio-economic
survey)
Relevant findings of the socio-economic study and the census
Legal framework
Institutional framework
Eligibility
Valuation of and compensation of losses indicating whether compensation is in-kind for
each loss or, for those assets whose indemnification is in cash, the unit compensation rates
and overall cost for monetary compensation, including transport, administrative and other
(e.g., contractor hiring) costs
Resettlement measures
Community participation
Grievance procedures
Organizational responsibilities
Present any economic rehabilitation measures required
Implementation schedule
Costs, budget and the sources of funds
Monitoring and evaluation
A timetable for resettlement and sub-project activities
Annex 3: Contents for Abbreviated Resettlement Action Plan
- Census of displaced persons and valuation of assets.
- Description of compensation and other resettlement assistance to be provided.
- Consultations with displaced people about acceptable alternatives
- Institutional responsibility for implementation and procedures for grievance redress.
- Arrangements for monitoring and implementation and,
- A timetable and budget
36
Annex 4: Sample Resettlement Summary Data Sheets - Population Census, Asset Inventory
and Socio-Economic Survey
1. Number of families who live on the parcel of land to be taken : _________
CURRENT HOUSING
FAMILY HOUSE
PLOT
SIZE
(M2)
HOUSE
DIMENSIONS
(M2) ;
(Number of
Rooms)
CONSTRUCTION
MATERIALS
OTHER
INFRASTRUCTURE
(E.G., WELL,
LATRINE, FENCE)
OTHER
OBSERVATIONS
PAP 1.
PAP 2
PAP 3
…
Observations on Housing :
PAP 1 : ___________________________________________________
PAP 2 : ___________________________________________________
PAP 3 : ___________________________________________________
REPLACEMENT HOUSING COST
FAMIL
Y
HOUSE PLOT
COMPENSATION
(M2)
HOUSE
COMPENSATION
OTHER
INFRASTRUCTURE
(E.G., WELL,
LATRINE, FENCE
TOTAL
Replace
in-Kind
Cash Comp m2 Dalasi
// m2
(same
buildi
ng
materi
als
Total Item Dalas
i/ per
Tot
Dala
si/
M2
Tot
PAP 1
PAP 2
PAP 3
…
Totals
37
2. Number of businesses on the parcel of land to be taken : _________
CURRENT HOUSING
BUSINESS
TYPE
(E.G.,
TAILOR,
HARDWARE
STORE,
GRAIN
SELLER)
PLOT
SIZE
(M2)
BUSINESS
DIMENSIONS
(M2) ; (Note
whether
structure,
kiosk or
table ; for
structure,
number of
Rooms)
CONSTRUCTION
MATERIALS
OTHER
INFRASTRUCTURE
(E.G., WELL,
LATRINE, FENCE)
OTHER
OBSERVATIONS
(E.G., AMOUNT
OF
INVENTORY,
NUMBER OF
EMPLOYEES,
MONTHLY
PROFITS)
1.
2.
3.
…
Observations on Businesses :
1 : ___________________________________________________
2 : ___________________________________________________
3 : ___________________________________________________
REPLACEMENT COSTS
BUSI-
NESS
PLOT COMPENSATION
(M2)
STRUCTURE
COMPENSATION
OTHER
INFRASTRUCTURE
(E.G., WELL,
LATRINE, FENCE
LOST WAGES,
PROFITS (PER MO.)
TOTAL
Replace
in-Kind
Cash Comp m2 Dalasi per/
m2
(same
building
materials)
Total Item Dalas
i/ per
Tot Employee Profit
Dalasi
M2
Tot No. Wa
ge
PAP 1
PAP 2
PAP 3
…
Totals
38
3. Number of Agricultural Plots Taken : __________________
FARME
R PAP
LAND CROPS TREES OTHER
INFRASTRUCT.
TOTAL
m2 In-
kind
Cash
Total
(and
Dalas
i/ /
m2)
Crop
(kg/ha
)
Value
(Dalas
i/
/ha)
Total
(Prod
ha x
Dalas
i /ha)
Timber Fruit Item
Value
Spec
ies
Value Spe
cies
Yield
(Dala
si/kg)
Value
1.
2.
3.
. . .
Totals
39
Annex 5: Complaint Reporting Form (to be submitted to the CM for onward transmission
to the PCU, Banjul)
Date:____________
Region _____________District _____________Village _________________
File N°…………..
COMPLAINT
Name of Complainant : ________________________________
Address : ___________________________________
Village: ___________________________________
Type of assets affected: ________________________________
DESCRIPTION OF COMPLAINT:
…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………
At ………………………, Date………………..
________________________________
Signature Complainant
OBSERVATIONS OF THE COMMUNITY HEAD:
…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………
At ………………………, Date………………..
____________________________
(Signature Alkalo/District Chief)
OBSERVATIONS OF THE REGIONAL DIRECTOR
…………………………………………………………………………………….
…………………………………………………………………………………….
……………………………………………………………………………………..
At……………………. Date………………………..
_______________________________
(Signature of the Director)
40
Annex 6a: Summary of Consultations with representatives of Government agencies
i) Meeting with the Construction Programme Manager, Mr. Ebou Serign Gaye, (PCU) on
Tuesday 2nd January 2018
The Programme Manager emphasized the need to see that safeguards policies are fully
implemented during the project implementation. This, he said, will require a better understanding
of the safeguards instruments. He therefor insisted on the need to train the construction monitors
and the contractors especially on the World Bank safeguards policies. Mr. Gaye also referred to
some of recommendations of the last audit report which need to be taken in to account.
With respect to the implementation arrangements, Mr. Gaye suggested the possibility of having
two focal points –one for social and the other for environmental. On the supervisory role of the
other implementation partners namely: NEA and DWR, Mr. Gaye expressed the need to maintain
them based a revised MoU. However, he said DWR will be expected to do a better next time.
ii) Meeting at the Department of Lands and Surveys on Thursday 4th January 2018
The meeting was chaired by the Director of Lands and Surveys, Mr. Kebba Ceesay,and attended
by the Director of Physical Planning and Housing , Mr. Musa Badgie, and the Valuation Officer,
Mr. Omar Darbo. The officials presented the various laws and regulations relating to land
administration, particularly the State Lands Act 1991, the Lands (Regions) Act 1991 which was
formerly known as the Provinces Land Act. They explained the increasing pressure on land
particularly in urban and peri-urban areas. Therefore it was important, they explained that
Government agencies consult with their when discussing a project that may require land.
They also raised the issue of the high compensation costs and question the ability of the
Government to make such payments when the annual allocation from the Ministry of Finance is
very low. This situation is further complicated by the fact that in the urban areas the people whose
land is required for the project are asking for in-kind land compensation and not cash compensation
which they consider to be small and the Government does not have enough land in the urban areas
to address all these land need. There is an increasing awareness of the value of land. However, it
was generally recognized that in the regions where the GESSP is to be implemented land
availability is less acute.
iii) Meeting with the Acting Programme Manager, Mr. Abdoulie Sowe, on Thursday 4th
January 2018
The meeting was attended by the Procurement Officer, Mr. Addison Gomez. The Acting
Programme Manager, expressed the need for an early conclusion of the study to allow the
proposed project to move forward. He emphasized the supervisory role of NEA in the
implementation of the safeguards policies and said that the PCU will work hard to improve
41
relations which were raised in audit report on the READ Project. He suggested that the nationwide
supervision missions should be biannual and not quarterly in view of the category B status of the
project. However, the internal monitoring at the level of PCU should be strengthened by building
the capacity of the construction monitors and the focal point.
iv) Meeting with the Construction Monitors on Thursday 4th January 2018
The meeting was chaired by Mr. Musa Jassey, Quantity Surveyor, and attended by four of the six
CMs. The meeting discussed the important role of the CM in the screening and monitoring
programme. The CMs raised the issue of a structured training to allow a better understanding of
the safeguards policies which will give them a sense of direction common to all. They also
expressed the need to meet before the project starts to have a common understanding of all the key
activities relating to the implementation of the safeguards instruments. This will ensure monitors
have a common understanding and approach and also allow a consistent assessment of the
compliance of contractors.
The Monitors also raised the issue of having proper coordinates for all land donated to avoid the
risks of encroachment which sometimes occur when villagers give land. For this purpose they
recommended that the project should provide a Global Positioning System (GPS) for all monitors
to establish the exact coordinates for land donated to the school.
Finally the CM lamented the problem of mobility. Their work, they said, is very much constrained
by the lack of mobility which limits the number of site visits. They find the motorcycle inadequate
in view of the large distances to be travelled, the frequency of travel and the risks associated with
their on some of the tracks in the rural tracts.
v) Meeting with the officials of the National Environment Agency: Monday 8th January
2018
The meeting was Chaired by the Executive Director of NEA, Mr. Momodou Suwareh, and
attended by Messrs Harouna Jobe (Senior Programme Officer Agriculture and Natural Resources)
and Buwe Haidara (). The Executive Director expressed the need for closer collaboration and
partnership to facilitate the implementation of the supervision responsibilities assigned to his
agency. In the past this has not been the case and as a result NEA has not been able to fulfill its
role properly. The release of funds has been a particularly difficult issue as a result of
misunderstandings which need to be addressed in the new arrangement. With respect to the number
of nationwide monitoring the Agency agreed to biannual visits with the Regional Environmental
Officers doing quarterly visits in their regions. The agency also accepted to take part in any training
programme on safeguards policies.
The consultant requested the agency to prepare an indicative budget of their supervision and
training activities. This was prepared and submitted.
vi) Meeting with the Senior Education Officer responsible for Planning and Human
Resources in Region 4, Mr. Musa Bah, on Wednesday10th January 2018
42
The discussion focused on the responsibilities of the various staff at the Regional Directorate in
order to determine how they can contribute to an effective implementation of the safeguards
policies. Mr. Bah explained that the Director handles policy matters, sensitization on education in
the communities and land matters. When a community cannot resolve the land issue the Director
would normally refer the issue to the District Chief and subsequently the Governor. The CM helps
to determine the suitability of the land in terms of the location and the topography.
The Cluster Monitors are responsible for a minimum of 8 schools and their role is to monitor
compliance with educational standards and provide technical support to the head teachers. Through
cluster meetings they identify needs. The Planning Focal Point is responsible for school mapping.
The work of the Regional Directorate is supported in the area of environment by the Regional
Environment Officers who sometimes called on to join supervision missions or visit certain
location/ schools to assess the environmental situation.
There is overall adequate capacity at the regional level to provide the screening exercise as well
as the monitoring of the implementation of the safeguards policies. For effectiveness it is important
to include these different categories of staff at regional level in any future safeguards training.
vii) Meeting with the Permanent Secretary, Mr. Mohammed B. S. Jallow: on Friday12th
January 2018
The consultant had a final meeting with the Permanent Secretary and the staff of the PCU to discuss
some of the key findings. On implementation the meeting proposed the retention of one Focal
Point within the PCU that will be responsible for overseeing and supervising the CMs. However,
it will be necessary to build the capacity at the different levels to ensure a proper understanding of
the safeguards policies especially those of the World Bank.
On the site visit the consultant reported on the enthusiasm of the communities except one (Fass
Chaho) for the project and their willingness to provide land. The sites were randomly selected. In
addition to the schools, some of the communities also raised other development needs such as
health facility and water supply.
The meeting also discussed at length the issue of allocating vehicles to CM to facilitate and
improve their mobility. The Permanent Secretary agreed to have the matter further reviewed.
On the monitoring of the water facilities the Permanent Secretary expressed the view to end the
arrangement with DWR and explore the private sector to deliver this service. The use of the
services of DWR was discussed earlier, he said and the decision reached was to use the private
sector because it was believed will be more efficient.
The meeting also agreed on improving the relationship with NEA and as part of this process Mr.
Jallow said they had been inviting the agency to CCM meetings and REO have been invited to
take part in the quarterly project site visit by the PCU. These developments need to be
strengthened.
43
Annex 6b: Summary of Consultations with the potential beneficiary communities 8th-10th
January 2018
The selection was made out of a comprehensive list of all potential sites based on the Planning
Units assessment. For the time available a total of 7 sites were visited Regions 3, 4, and 5 and they
include:
i. Fass Chaho-Upper Niumi District North bank Region;
ii. Bereto- Illiasa District-NBR
iii. Ballanghar Chamen-Lower Saloun District- CRR North
iv. Wellingara-Kejaw- Lower Fulladu West- CRR South
v. Moria- Niamina East-CRR South
vi. Kundon Fulakunda, Kiang Central, LRR
vii. Wudeba, Kiang West, LRR.
At the meetings the GESSP was introduced stating the main objectives and the planned activities.
The project requirement for land was explained and the fact that any land given will have to be the
subject of a donor certificate and that such land will be the permanent property of the school. The
villagers were informed that they were not under obligation to give land however, if land is not
available then the project will have to go elsewhere where land is available.
Chairperson of VDC, Adama Bah, with the Wudeba community at the meeting
The mission also explained the need for consultation and participation before, during and after the
project because the schools should be seen as belonging to the community so the involvement of
the community from the start will give them the opportunity to have their views taken into account
and thereby facilitate ownership and sustainability.
In general the communities welcomed the possibility of having the ECD as they saw it as a
beginning that can lead to further development. In some cases the communities said that this was
a development they were looking for over twenty years (Wudeba and Moria villages). It was only
in Fass Chaho that the community rejected the school saying they were interested in traditional
44
daara which was established by the elders. They will only accept an ECD if it goes together with
support for their daara. This is a traditional centre of koranic studies although some members of
the community are already sending their children to western type education school in neighbouring
villages. Although the proposed ECD does not address their needs the mission advised them to
contact the PCU for possible assistance under the ‘daara’ scheme.
The communities also took the opportunity of our presence to raise other development issues for
their communities such as health facility and water supply (Wudeba and Ballagher Chamen). The
mission explained that this will have to be handled by other competent Government agencies. With
respect to water supply they were informed that the proposed ECD will also include water supply
points which will benefit thecommunity.
It was interesting to note that in Balaghar Chamen it was the women who insisted and convinced
the men to fully endorse the ECD project. One of them, Njome Ceesay, put up a strong case for
the ECD saying it is when you travel that you appreciate the value o learning. Even letters received
in the village have to be taken elsewhere to be translated. The community certainly needs a school
and an ECD is a good beginning.
All the communities that accepted to have the ECD indicated their willingness to provide land on
the conditions explained and promised to cooperate fully with the project to ensure ownership and
success. They also promised to ensure that the community provides annually sufficient children to
the school.
The community of Moria and their Alkali , Kaddy Sidibeh, hoping to get an ECD for their children
Table 5: List of communities visited with their observations
S/No. Community Key remarks /observations by the community
1 Fass Chaho
Community
Mostly Wolof
Not interested in the EDC but would welcome support if it can be combined with
daara education
The priority for the community is to ensure that the children have basic quoranic
education. Western education, they said, can come after they have received their
daara education
45
2 Bereto
Community
mainly Mandinka
Express delight for the opportunity to be considered for the new project as it will
reduce the distance to travel to school for the young ones some of whom are not
attending school presently because of the distance to Farafenni (about 3-4 km)
Sometimes children have to stop going if they are not well / have physical
handicap because of distance. Mrs Amie Mboge referred to the case of her
daughter who to stop because she was not very well and could not walk the long
distance to Farafenni.
Land they said will be available for construction
The community raised the problem of water supply
3 Ballanghar-
Chamen
Community
mainly wolof
The women insisted on having the ECD and they were joined by the men after an
initial hesitation on their part. They expressed appreciation for being consulted on
this matter especially since this is the first time they are given such an
opportunity.
They promised to make land available for the ECD.
The community raised the problem of water supply for the community
4 Wellingara
Kejaw
Community
mainly mandinka
and some fula
The Community welcomed the ECD because presently some of the children have
to travel to Brikamaba and Saruja while the younger ones stay at home.
The ECD will also offer greater security.
They requested that the contractors give employment opportunities to local people
if possible
5 Moria
Mixed community
of Mandinka,
Wolof and Fula
Expressed delight in the possibility to have an ECD because they are far from
schools in Sinchu Bundu and Kudang..They cited the case of one Mamadou who
had to withdraw four of her daughters from school in the neighbouringvillage
because of the distance they have to travel after they close from the afternoon
session.
They confirmed availability of land
6 Kundon
Fulakunda
Mainly Fula with
some Mandinka
and wolofs
Expressed delight in the opportunity as they have been after the Government for
the last 20 years
Because of the distance many of the younger children cannot travel to the schools
in the neighboring villages of Jiroff, Nema and Kwinella
They confirmed the availability of land and assured the mission that they will
work had to ensure the school has regular supply of children
The community expressed the need for health facility.
They wee informed that this would be better addressed by the Ministry of Health.
7 Wudeba
Mainly Fula and
some Mandinka
Thy also welcome the ECD and said the nearest school is Dumbuto about 3 km
away and which little children cannot walk to so they do not go to school
They also confirmed availability of land on the conditions explained by the
mission.
The VDC chairperson said the women will regularly monitor school attendance
and ensure that all parents sent all the children to the ECD
Annex 7a: List of persons contacted in Government institutions
NAME FUNCTION INSTITUTION TEL EMAIL
46
Mr. Mohammed
B. S. Jallow
Perm. Secretary MoBSE [email protected]
Mr. Abdoulie
Sowe Acting Project
Mgr.
PCU, MOBSE 9966871 [email protected]
Mr. Ebou
Serign Gaye
Construction
Prog. Manager
PCU, 9960661 [email protected]
Musa Jassey Quantity
Surveyor &
ESFP
“ “ 3308980 [email protected]
Mr. Musa Bah Snr. Educ.
Officer
Region 4, MoBSE 6303063 [email protected]
Mr. Addison
Gomez
Procurement
Manager
PCU 9914525
9964525
Mr. Yaya
Sanyang
Construction
Monitor
“ “ 3360129 [email protected]
Mr. Mamudu
Ceesay
“ “ “ “ 9918160 [email protected]
Mr. Ousman
Bojang
“ “ “ “ 3305778 [email protected]
Mr. Momodou
Suwareh
Executive
Director
NEA 9962978
Mr. Harouna
Jobe
SPO-agric. &
NR
9993622 [email protected]
BUWE
HAIDARA
9502012 [email protected]
Mr. Kebba
Ceesay
Director Dept of Lands &
Surveys
9910436 [email protected]
Mr. Musa
Badgie
Director Dept Physical
Planning &
Housing
9960228 [email protected]
Mr. Dawda
Darbo
Dept. of Lands
Annex 7b: List persons contacted at the potential project sites
Name Function Village Tel.
Momat Saho Alkali Fass Chaho
Bubacar Saho Dep. Alkali “ “ 2055854
Alh. Tijan Saho Khalif “ “
Alaji K. Saho Secretary, VDC 7201940
Alh. Bubu Jah Elder “ “
Aja Seinabu Faal Women Elder “ “
Abdou Kanteh Alkali Bereto
Omar Keita Cashier, VDC “ “ 3904890
Imam Abdu Suno Imam “ “
Ebrima Marong Member, VDC “ “ 6670596
Mariama Kanteh Member women kafo “ “ 6996833
Binta Sawaneh Women Youth leader “ “
AMIE Mboge Member women’s kafo “ “ 6931648
Modou Cham Alkali Ballanghar Chamen
Sait Cham Imam “ “
Ali Cham Youth leader “ “
Alaji Cham Youth Leader “ “
Ousman Cham “ “
47
Njome Ceesay Women Leader “ “
Fatou Cham “ “ “ “
Mbengue Touray “ “ “ “
Samba Jaiteh Alkali Wellingara Kejaw 6313607
Bamba B. Sanneh Chairman , VDC “ “ 6392564
Sidi Keita Village Elder “ “ 6210520
Mama Fatty Women Elder “ “ 7612861
Isatou Fatty “ “ “ “
Mariama Dumbuya Member VDC “ “
Kaddy Drammeh “ “ “ “
Kaddy Sidibeh Alkali Moria 7958079
Fatou Camara Sec. Women Garden Kafo “ “ 3623875
Seit Jobe Member VDC “ “ 70227581
Isatou Keita Member Women Garden Kafo “ “ 7018417
Momad jallow V/Chairman VDC “ “
Amina Jobe Member Women Garden Kafo “ “ 7796476
Sireh Keita “ “ “ “ 6319034
Kebba Jarra Asst. Alkali Kundon Fulakunda 6961648
Alasan Tarawalle Village Elder “ “ 2189367
Omar Jarra VDC Member “ “ 7376615
Mamadou Bah “ “ “ “ 7636304
Kaddy Yabo “ “ “ “ 2342099
Subba Jawo Chairman VDC “ “ 2573628
Awa Jawo VDC Member “ “ 2775702
Mai Yabo “ “ “ “ 2993030
Yaya Bah “ “ “ “ 7841062
Lamin Jawo “ “ “ “ 6213058
Isatou Jarra “ “ “ “ 7098902
Burama Kolley Village Elder Wudeba 7775087
Ebrima Jallow Youth Leader “ “ 7970932
Omar Kolley Member VDC “ “ 2845460
Mrs. Adama Bah Chair person VDC “ “ 7837678
Isatou Ceesay Village Elder “ “ 7039295
Ismaila Jallow Youth leader “ “ 7987066
Omar Bah Member VDC “ “ 7615127
Samba Sidibeh Village Elder “ “ 6209675
Habib Jallow Youth Leader “ “ 2298175
Mamad Saloum “ “ “ “
Annex 8: World Bank policy on involuntary resettlement
48
OP 4.12 - Involuntary Resettlement
These policies were prepared for use by World Bank staff and are
not OP 4.12
necessarily a complete treatment of the subject. December, 2001 Note: OP/ BP 4.12, Involuntary Resettlement, were revised on April 2013 to take into account the recommendations in “Investment Lending Reform: Modernizing and Consolidating Operational Policies and Procedures” (R2012-0204 [IDA/R2012-0248]), which were
approved by the Executive Directors on October 25, 2012. As a result of these recommendations: (a) OP/ BP 10.00, Investment Project Financing,
have been revised, among other things, to incorporate OP/BP 13.05, Supervision and OP/BP 13.55, Implementation Completion Reporting, (which
have consequently been retired); and (b) OP/ BP 8.60, Development Policy Lending, and OP 9.00, Program-for-Results Financing, have also been
revised. OP/ BP 4.12 have consequently been updated to reflect these changes, to clarify the extent of applicability of OP/BP 4.12 to Development
Policy Lending and Program-for Results-Financing,and to reflect the updated title of the Bank’s policy on access to information. Questions on this OP/BP may be addressed to the Safeguard Policies Helpdesk in OPCS ([email protected]).
Revised April 2013 1. Bank1 experience indicates that involuntary resettlement under development projects, if
unmitigated, often gives rise to severe economic, social, and environmental risks: production
systems are dismantled; people face impoverishment when their productive assets or income
sources are lost; people are relocated to environments where their productive skills may be less
applicable and the competition for resources greater; community institutions and social networks
are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the
potential for mutual help are diminished or lost. This policy includes safeguards to address and
mitigate these impoverishment risks.
Policy Objectives 2. Involuntary resettlement may cause severe long-term hardship, impoverishment, and
environmental damage unless appropriate measures are carefully planned and carried out. For
these reasons, the overall objectives of the Bank's policy on involuntary resettlement are the
following:
(a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all
viable alternative project designs.2
(b) Where it is not feasible to avoid resettlement, resettlement activities should be
conceived and executed as sustainable development programs, providing sufficient
investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons3 should be
meaningfully consulted and should have opportunities to participate in planning and
implementing resettlement programs.
(c) Displaced persons should be assisted in their efforts to improve their livelihoods and
standards of living or at least to restore them, in real terms, to pre-displacement levels or
to levels prevailing prior to the beginning of project implementation, whichever is higher.4
Impacts Covered 3 . This policy covers direct economic and social impacts5 that both result from Bank-assisted investment projects,6 and are caused by
49
(a) the involuntary7 taking of land8 resulting in
(i) relocation or loss of shelter;
(ii) lost of assets or access to assets; or
(iii) loss of income sources or means of livelihood, whether or not the affected
persons must move to another location; or
(b) the involuntary restriction of access9 to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons.
4. This policy applies to all components of the project that result in involuntary resettlement,
regardless of the source of financing. It also applies to other activities resulting in involuntary
resettlement, that in the judgment of the Bank, are
(a) directly and significantly related to the Bank-assisted project,
(b) necessary to achieve its objectives as set forth in the project documents; and
(c) carried out, or planned to be carried out, contemporaneously with the project. 5. Requests for guidance on the application and scope of this policy should be addressed to
the Resettlement Committee (see BP 4.12, para. 7).10
Required Measures 6. To address the impacts covered under para. 3 (a) of this policy, the borrower prepares a
resettlement plan or a resettlement policy framework (see paras. 25-30) that covers the
following:
(a) The resettlement plan or resettlement policy framework includes measures to ensure
that the displaced persons are
(i) informed about their options and rights pertaining to resettlement;
(ii) consulted on, offered choices among, and provided with technically and
economically feasible resettlement alternatives; and
(iii) provided prompt and effective compensation at full replacement cost11 for losses of assets12 attributable directly to the project.
(b) If the impacts include physical relocation, the resettlement plan or
resettlement policy framework includes measures to ensure that the displaced
persons are
(i) provided assistance (such as moving allowances) during relocation; and
(ii) provided with residential housing, or housing sites, or, as required,
50
agricultural sites for which a combination of productive potential, locational
advantages, and other factors is at least equivalent to the advantages of the old site.13
(c) Where necessary to achieve the objectives of the policy, the resettlement plan
or resettlement policy framework also include measures to ensure that displaced persons
are
(i) offered support after displacement, for a transition period, based on a reasonable
estimate of the time likely to be needed to restore their livelihood and standards of
living;14 and
(ii) provided with development assistance in addition to compensation
measures described in paragraph 6(a);
(iii) such as land preparation, credit facilities, training, or job opportunities. 7. In projects involving involuntary restriction of access to legally designated parks and protected
areas (see para. 3(b)), the nature of restrictions, as well as the type of measures necessary to
mitigate adverse impacts, is determined with the participation of the displaced persons during
the design and implementation of the project. In such cases, the borrower prepares a process
framework acceptable to the Bank, describing the participatory process by which
(a) specific components of the project will be prepared and implemented;
(b) the criteria for eligibility of displaced persons will be determined;
(c) measures to assist the displaced persons in their efforts to improve their livelihoods, or
at least to restore them, in real terms, while maintaining the sustainability of the park or
protected area, will be identified; and
(d) potential conflicts involving displaced persons will be resolved. The process framework also includes a description of the arrangements for implementing
and monitoring the process. 8. To achieve the objectives of this policy, particular attention is paid to the needs of vulnerable
groups among those displaced, especially those below the poverty line, the landless, the elderly,
women and children, indigenous peoples,15 ethnic minorities, or other displaced persons who
may not be protected through national land compensation legislation. 9. Bank experience has shown that resettlement of indigenous peoples with traditional land-based
modes of production is particularly complex and may have significant adverse impacts on their
identity and cultural survival. For this reason, the Bank satisfies itself that the borrower has
explored all viable alternative project designs to avoid physical displacement of these groups.
When it is not feasible to avoid such displacement, preference is given to land-based
resettlement strategies for these groups (see para. 11) that are compatible with their cultural
51
preferences and are prepared in consultation with them (see Annex A, para. 11). 10. The implementation of resettlement activities is linked to the implementation of the investment
component of the project to ensure that displacement or restriction of access does not occur before
necessary measures for resettlement are in place. For impacts covered in para. 3(a) of this policy,
these measures include provision of compensation and of other assistance required for relocation,
prior to displacement, and preparation and provision of resettlement sites with adequate facilities,
where required. In particular, taking of land and related assets may take place only after
compensation has been paid and, where applicable, resettlement sites and moving allowances
have been provided to the displaced persons. For impacts covered in para. 3(b) of this policy, the
measures to assist the displaced persons are implemented in accordance with the plan of action as
part of the project (see para. 30).16 11. Preference should be given to land-based resettlement strategies for displaced persons whose
livelihoods are land-based. These strategies may include resettlement on public land (see footnote
1 above), or on private land acquired or purchased for resettlement. Whenever replacement land
is offered, resettlers are provided with land for which a combination of productive potential,
locational advantages, and other factors is at least equivalent to the advantages of the land taken.
If land is not the preferred option of the displaced persons, the provision of land would adversely
affect the sustainability of a park or protected area,17 or sufficient land is not available at a
reasonable price, non-land-based options built around opportunities for employment or self-
employment should be provided in addition to cash compensation for land and other assets lost.
The lack of adequate land must be demonstrated and documented to the satisfaction of the Bank. 12. Payment of cash compensation for lost assets may be appropriate where (a) livelihoods are
land-based but the land taken for the project is a small fraction18 of the affected asset and the
residual is economically viable; (b) active markets for land, housing, and labor exist, displaced
persons use such markets, and there is sufficient supply of land and housing; or (c) livelihoods
are not land-based. Cash compensation levels should be sufficient to replace the lost land and
other assets at full replacement cost in local markets. 13. For impacts covered under para. 3(a) of this policy, the Bank also requires the following:
(a) Displaced persons and their communities, and any host communities receiving them, are
provided timely and relevant information, consulted on resettlement options, and offered
opportunities to participate in planning, implementing, and monitoring resettlement.
Appropriate and accessible grievance mechanisms are established for these groups.
(b) In new resettlement sites or host communities, infrastructure and public services
are provided as necessary to improve, restore, or maintain accessibility and levels of
service for the displaced persons and host communities. Alternative or similar resources
are provided to compensate for the loss of access to community resources (such as fishing
areas, grazing areas, fuel, or fodder).
52
(c) Patterns of community organization appropriate to the new circumstances are based
on choices made by the displaced persons. To the extent possible, the existing social and
cultural institutions of resettlers and any host communities are preserved and resettlers'
preferences with respect to relocating in preexisting communities and groups are honored.
Eligibility for Benefits19 14. Upon identification of the need for involuntary resettlement in a project, the borrower carries
out a census to identify the persons who will be affected by the project (see the Annex A, para.
6(a)), to determine who will be eligible for assistance, and to discourage inflow of people ineligible
for assistance. The borrower also develops a procedure, satisfactory to the Bank, for establishing
the criteria by which displaced persons will be deemed eligible for compensation and other
resettlement assistance. The procedure includes provisions for meaningful consultations with
affected persons and communities, local authorities, and, as appropriate, nongovernmental
organizations (NGOs), and it specifies grievance mechanisms. 15. Criteria for Eligibility. Displaced persons may be classified in one of the following three
groups:
(a) those who have formal legal rights to land (including customary and traditional rights
recognized under the laws of the country);
(b) those who do not have formal legal rights to land at the time the census begins but
have a claim to such land or assets--provided that such claims are recognized under the
laws of the country or become recognized through a process identified in the resettlement
plan (see Annex A, para. 7(f)); and20
(c) those who have no recognizable legal right or claim to the land they are occupying. 16. Persons covered under para. 15(a) and (b) are provided compensation for the land they lose,
and other assistance in accordance with para. 6. Persons covered under para. 15(c) are provided
resettlement assistance21 in lieu of compensation for the land they occupy, and other assistance,
as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior
to a cut-off date established by the borrower and acceptable to the Bank.22 Persons who encroach on the area after the cut-off date are not entitled to
compensation or any other form of resettlement assistance. All persons included in para. 15(a),
(b), or (c) are provided compensation for loss of assets other than land.
Resettlement Planning, Implementation, and Monitoring 17. To achieve the objectives of this policy, different planning instruments are used,
depending on the type of project:
(a) a resettlement plan or abbreviated resettlement plan is required for all operations that
entail involuntary resettlement unless otherwise specified (see para. 25 and Annex A);
(b) a resettlement policy framework is required for operations referred to in paras.
26-30 that may entail involuntary resettlement, unless otherwise specified (see Annex
53
A; and
(c) a process framework is prepared for projects involving restriction of access in
accordance with para. 3(b) (see para. 31). 18. The borrower is responsible for preparing, implementing, and monitoring a resettlement
plan, a resettlement policy framework, or a process framework (the "resettlement
instruments"), as appropriate, that conform to this policy. The resettlement instrument presents
a strategy for achieving the objectives of the policy and covers all aspects of the proposed
resettlement. Borrower commitment to, and capacity for, undertaking successful resettlement
is a key determinant of Bank involvement in a project. 19. Resettlement planning includes early screening, scoping of key issues, the choice of
resettlement instrument, and the information required to prepare the resettlement component or
subcomponent. The scope and level of detail of the resettlement instruments vary with the
magnitude and complexity of resettlement. In preparing the resettlement component, the
borrower draws on appropriate social, technical, and legal expertise and on relevant community-based organizations and NGOs.23 The borrower informs potentially displaced persons at an early stage about the resettlement aspects of the project and takes their views into account in project design. 20. The full costs of resettlement activities necessary to achieve the objectives of the project are
included in the total costs of the project. The costs of resettlement, like the costs of other project
activities, are treated as a charge against the economic benefits of the project; and any net benefits
to resettlers (as compared to the "without-project" circumstances) are added to the benefits stream
of the project. Resettlement components or free-standing resettlement projects need not be
economically viable on their own, but they should be cost-effective. 21. The borrower ensures that the Project Implementation Plan is fully consistent with the
resettlement instrument. 22. As a condition of appraisal of projects involving resettlement, the borrower provides the
Bank with the relevant draft resettlement instrument which conforms to this policy, and makes
it available at a place accessible to displaced persons and local NGOs, in a form, manner, and
language that are understandable to them. Once the Bank accepts this instrument as providing
an adequate basis for project appraisal, the Bank makes it available to the public through its
InfoShop. After the Bank has approved the final resettlement instrument, the Bank and the
borrower disclose it again in the same manner.24
23. The borrower's obligations to carry out the resettlement instrument and to keep the
Bank informed of implementation progress are provided for in the legal agreements for
the project. 24. The borrower is responsible for adequate monitoring and evaluation of the activities set forth
in the resettlement instrument. The Bank regularly supervises resettlement implementation to
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determine compliance with the resettlement instrument. Upon completion of the project, the
borrower undertakes an assessment to determine whether the objectives of the resettlement
instrument have been achieved. The assessment takes into account the baseline conditions and
the results of resettlement monitoring. If the assessment reveals that these objectives may not be
realized, the borrower should propose follow-up measures that may serve as the basis for
continued Bank supervision, as the Bank deems appropriate (see also BP 4.12, para. 16).
Resettlement Instruments Resettlement Plan 25. A draft resettlement plan that conforms to this policy is a condition of appraisal (see Annex A, para. 2-21) for projects referred to in para. 17(a) above.25 However, where impacts on the entire displaced population are minor,26or fewer than 200 people are displaced, an abbreviated resettlement plan may be agreed with the borrower (see Annex A, para. 22). The information disclosure procedures set forth in para. 22 apply. Resettlement Policy Framework 26. For sector investment operations that may involve involuntary resettlement, the Bank requires
that the project implementing agency screen subprojects to be financed by the Bank to ensure
their consistency with this OP. For these operations, the borrower submits, prior to appraisal, a
resettlement policy framework that conforms to this policy (see Annex A, paras. 23-25). The
framework also estimates, to the extent feasible, the total population to be displaced and the
overall resettlement costs. 27. For financial intermediary operations that may involve involuntary resettlement, the Bank
requires that the financial intermediary (FI) screen subprojects to be financed by the Bank to
ensure their consistency with this OP. For these operations, the Bank requires that before appraisal
the borrower or the FI submit to the Bank a resettlement policy framework conforming to this
policy (see Annex A, paras. 23-25). In addition, the framework includes an assessment of the
institutional capacity and procedures of each of the FIs that will be responsible for subproject
financing. When, in the assessment of the Bank, no resettlement is envisaged in the subprojects
to be financed by the FI, a resettlement policy framework is not required. Instead, the legal
agreements specify the obligation of the FIs to obtain from the potential sub-borrowers a
resettlement plan consistent with this policy if a subproject gives rise to resettlement. For all
subprojects involving resettlement, the resettlement plan is provided to the Bank for approval
before the subproject is accepted for Bank financing. 28. For other Bank-assisted project with multiple subprojects27 that may involve involuntary
resettlement, the Bank requires that a draft resettlement plan conforming to this policy be
submitted to the Bank before appraisal of the project unless, because of the nature and design of
the project or of a specific subproject or subprojects (a) the zone of impact of subprojects cannot
be determined, or (b) the zone of impact is known but precise sitting alignments cannot be
determined. In such cases, the borrower submits a resettlement policy framework consistent with
55
this policy prior to appraisal (see Annex A, paras. 23-25). For other subprojects that do not fall
within the above criteria, a resettlement plan conforming to this policy is required prior to
appraisal. 29. For each subproject included in a project described in para. 26, 27, or 28 that may involve
resettlement, the Bank requires that a satisfactory resettlement plan or an abbreviated resettlement
plan that is consistent with the provisions of the policy framework be submitted to the Bank for
approval before the subproject is accepted for Bank financing. 30. For projects described in paras. 26-28 above, the Bank may agree, in writing, that subproject
resettlement plans may be approved by the project implementing agency or a responsible
government agency or financial intermediary without prior Bank review, if that agency has
demonstrated adequate institutional capacity to review resettlement plans and ensure their
consistency with this policy. Any such delegation, and appropriate remedies for the entity's
approval of resettlement plans found not to be in compliance with Bank policy, are provided for
in the legal agreements for the project. In all such cases, implementation of the resettlement plans
is subject to ex post review by the Bank. Process Framework 31. For projects involving restriction of access in accordance with para. 3(b) above, the borrower
provides the Bank with a draft process framework that conforms to the relevant provisions of this
policy as a condition of appraisal. In addition, during project implementation and before to
enforcing of the restriction, the borrower prepares a plan of action, acceptable to the Bank,
describing the specific measures to be undertaken to assist the displaced persons and the
arrangements for their implementation. The plan of action could take the form of a natural
resources management plan prepared for the project.
Assistance to the Borrower 32. In furtherance of the objectives of this policy, the Bank may at a borrower's request support
the borrower and other concerned entities by providing
(a) assistance to assess and strengthen resettlement policies, strategies, legal frameworks,
and specific plans at a country, regional, or sectoral level;
(b) financing of technical assistance to strengthen the capacities of agencies
responsible for resettlement, or of affected people to participate more effectively in
resettlement operations;
(c) financing of technical assistance for developing resettlement policies, strategies,
and specific plans, and for implementation, monitoring, and evaluation of resettlement
activities; and
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(d) financing of the investment costs of resettlement.
33. The Bank may finance either a component of the main investment causing displacement
and requiring resettlement, or a free-standing resettlement project with appropriate cross-
conditionalities, processed and implemented in parallel with the investment that causes the
displacement. The Bank may finance resettlement even though it is not financing the main
investment that makes resettlement necessary.
____________
1. "Bank" includes IBRD and IDA; "loans" includes IDA credits and IDA grants, guarantees, Project Preparation Facility (PPF) advances and grants; and "projects" includes projects under (a) PPFs advances and Institutional Development Fund (IDF) grants, if they include investment activities; (b) grants under the Global Environment Facility and Montreal Protocol, for which the Bank is the implementing/executing agency; and (c) grants or loans provided by other donors that are administered by the Bank. The term "project" does not include programs supported by Development Policy Lending (for which the environmental provisions are set out in OP/ BP 8.60, Development Policy Lending), or by Program-for-Results Financing (for which environmental provisions are set out in OP/ BP 9.00, Program-for-Results Financing. "Borrower" also includes, wherever the context requires, the guarantor or the project implementing agency.
2. In devising approaches to resettlement in Bank-assisted projects, other Bank policies
should be taken into account, as relevant. These policies include OP 4.01, Environmental
Assessment, OP 4.04, Natural Habitats, OP 4.10, Indigenous Peoples, and OP 4.11,
Physical Cultural Resources.
3. The term "displaced persons" refers to persons who are affected in any of the ways described
in para. 3 of this OP. 4. Displaced persons under para. 3(b) should be assisted in their efforts to improve or
restore their livelihoods in a manner that maintains the sustainability of the parks and
protected areas. 5. Where there are adverse indirect social or economic impacts, it is good practice for the
borrower to undertake a social assessment and implement measures to minimize and mitigate adverse economic and social impacts, particularly upon poor and vulnerable groups. Other environmental, social, and economic impacts that do not result from land taking may be identified and addressed through environmental assessments and other project reports and instruments.
6. This policy does not apply to restrictions of access to natural resources under community-based projects, i.e. where the community using the resources decides to restrict access to these resources, provided that an assessment satisfactory to the Bank establishes that the community decision-making process is adequate, and that it provides for identification of appropriate measures to mitigate adverse impacts, if any, on the vulnerable members of the community. This policy also does not cover refugees from natural disasters, war, or civil strife (see OP 8.00, Rapid Response to Crises and Emergencies).
7. For the purposes of this policy, "involuntary" means actions that may be taken without the
57
displaced person's informed consent or power of choice. 8. "Land" includes anything growing on or permanently affixed to land, such as buildings and
crops. This policy does not apply to regulations of natural resources on a national or regional level to promote their sustainability, such as watershed management, groundwater management, fisheries management, etc. The policy also does not apply to disputes between private parties in land titling projects, although it is good practice for the borrower to undertake a social assessment and implement measures to minimize and mitigate adverse social impacts, especially those affecting poor and vulnerable groups.
9. For the purposes of this policy, involuntary restriction of access covers restrictions on the
use of resources imposed on people living outside the park or protected area, or on those
who continue living inside the park or protected area during and after project
implementation. In cases where new parks and protected areas are created as part of the
project, persons who lose shelter, land, or other assets are covered under para. 3(a). Persons
who lose shelter in existing parks and protected areas are also covered under para. 3(a). 10. The Involuntary Resettlement Sourcebook provides good practice guidance to staff on the
policy. 11. "Replacement cost" is the method of valuation of assets that helps determine the amount
sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account (for a detailed definition of replacement cost, see Annex A, footnote 1). For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard. Such additional assistance is distinct from resettlement assistance to be provided under other clauses of para. 6.
12. If the residual of the asset being taken is not economically viable, compensation and other
resettlement assistance are provided as if the entire asset had been taken. 13. The alternative assets are provided with adequate tenure arrangements. The cost of
alternative residential housing, housing sites, business premises, and agricultural sites to be provided can be set off against all or part of the compensation payable for the corresponding asset lost.
14. Such support could take the form of short-term jobs, subsistence support, salary maintenance
or similar arrangements. 15. See OP 4.10, Indigenous Peoples. 16. Where the borrower has offered to pay compensation to an affected person in accordance
with an approved resettlement plan, but the offer has been rejected, the taking of land and related assets may only proceed if the borrower has deposited funds equal to the offered amount plus 10 percent in a secure form of escrow or other interest-bearing deposit acceptable to the Bank, and has provided a means satisfactory to the Bank for resolving the dispute concerning said offer of compensation in a timely and equitable manner.
17. See OP 4.04, Natural Habitats. 18. As a general principle, this applies if the land taken constitutes less than 20% of the total
productive area. 19. Paras. 13-15 do not apply to impacts covered under para. 3(b) of this policy. The eligibility
58
criteria for displaced persons under 3
(b) are covered under the process framework (see paras. 7 and 30). 20. Such claims could be derived from adverse possession, from continued possession of public
lands without government action for eviction (that is, with the implicit leave of the
government), or from customary and traditional law and usage, and so on. 21. Resettlement assistance may consist of land, other assets, cash, employment, and so on, as
appropriate. 22. Normally, this cut-off date is the date the census begins. The cut-off date could also be the
date the project area was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx.
23. For projects that are highly risky or contentious, or that involve significant and complex resettlement activities, the borrower should normally engage an advisory panel of independent, internationally recognized resettlement specialists to advise on all aspects of
the project relevant to the resettlement activities. The size, role, and frequency of meeting depend on the complexity of the resettlement. If independent technical advisory panels are established under OP 4.01,
Environmental Assessment, the resettlement panel may form part of the
environmental panel of experts. 24. See The World Bank Policy on Access to Information, para. 34 (Washington, D.C.: World
Bank, 2002). 25. An exception to this requirement may be made in highly unusual circumstances (such as
emergency operations) with the approval of Bank Management (see BP 4.12, para. 8). In such cases, the Management's approval
stipulates a timetable and budget for developing the resettlement plan. 26. Impacts are considered "minor" if the affected people are not physically displaced and
less than 10 percent of their productive assets are lost. 27. For the purpose of this paragraph, the term "subprojects" includes components and
subcomponents. --------------------
Annex 9: Bibliography
1) Constitution of the Republic of the Gambia, 1997
2) State Lands Act,1991
3) Local Government Act, 2002
4) Land Acquisition and Compensation Act, 1991
5) Lands (Regions) Act 1991
6) Physical Planning and Development Control Act, 1991
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7) Surveys Act 1991
8) National Environmental Management Act 1990
9) Environmental Impact Assessment Procedures 1999
10) Environmental Impact Assessment Guidelines 1999
11) Lands Commission Act 2007
12) Development Control Regulations, 1995
13) Draft Plans Regulations, 1995
14) State Lands Regulations, 1995
15) World Bank OP 4.12 - Involuntary Resettlement Operational Manual, 2001 (Revised
April 2013)
16) Environmental and Social Safeguards Report on the Implementation of the Results For Education
Achievement and Development (READ) Project- Ministry of Basic and Secondary Education
Banjul, 2016
17) Resettlement Policy Framework for The Gambia Education Project: Results for
Education Achievement and Development Project (READ), Ministry of Basic and
Secondary Education, Banjul-2013
Annex 10
Terms of Reference
Resettlement Policy Framework for The Gambia - Education Sector Support Projet
1.0 Introduction
The Government of The Gambia in collaboration with The World Bank is preparing a Project
Appraisal Document (PAD) which gives an outline of a future education sector support program.
The program will serve as successor to the Results for Education Achievement and Development
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Project (READ) and would consolidate the achievements made thus far in the sector by placing
particular emphasis on educational access, and improvement of quality of teaching and learning.
2.0 Project Objectives
The proposed project seeks to increase access to ECD and basic education and improve quality of
teaching and learning.
3.0 Project Components
The Project comprises three main components: i) Enhancing Access to ECD and Basic
Education; ii) Improving Quality of Teaching and Learning; iii) Technical and Institutional
Support
3.1: Component 1: Enhancing Access to ECD and Basic Education
The aim of this component is to expand inclusive education for all, with an emphasis on geographic
and economic disparities, gender, students with disabilities, and other vulnerable groups, through a
blend of demand side and supply side interventions. On the supply side, access will be expanded
through construction of new classrooms ECD and LBS classrooms, and continued provision of school
transportation in selected communities. On the demand side, access will be expanded through a
program which modernizes daaras (Koranic schools) by introducing an adapted curriculum through
a results oriented financing model in targeted regions, supported by a sensitization campaign.
3.2: Component 2: Improving Quality of Teaching and Learning
Under this component the Project will support a set of interventions that will lead to the
implementation of a revised curriculum for ECD, lower basic, and upper basic schools, with a
particular focus on English. In addition it will develop a strategic framework and coherent policy for
an improved teacher training and professional development pre-service and in-service teacher
training which views teacher education along a continuum.
3.3: Component 3: Technical and Institutional Support
This component will support capacity building for evidence based decision making in the sector and
provide support for the implementation of the communication strategy including procuring
equipment, materials, publishing, dissemination, logistics, and administration. The Project will also
provide support to the implementing agency for capacity building initiatives and project management
as well financing the project coordination unit (PCU) salaries and operating costs to coordinate the
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proposed project, and building MoBSE and MoHERST staff capacity development.
4.0: Environmental and Social Aspects of Project Activities
As the proposed Project activities are not expected to generate significant negative or irreversible
environmental and social impacts, the project may be under Category B classification according to
the World Bank’s guidelines. However, implementation of the proposed activities may incur
negative social impacts and the main safeguard issue potentially triggered is the potential loss of
livelihoods due to land acquisition/displacement of existing populations related to the construction
of schools. The applicable World Bank safeguard policy is likely to be Involuntary Resettlement
(OP 4.12).
5.0: Objective of the Assignment
The objective is to prepare a Resettlement Policy Framework (RPF) for the proposed Project and
conduct consultations with key stakeholders, as appropriate. The RPF would follow the World
Bank policy on Involuntary Resettlement (OP 4.12) which requires the avoidance of displacement
to the extent possible and if not, that people affected by the project, receive compensation to the
extent that their livelihoods are restored. The RPF should be carried out in line with the
requirements of Gambian legislation.
6.0 : Scope of Assessment
Implementation of the Project may require the utilization of natural resources such as land which
could trigger OP 4.12. Assess the resettlement issues involving compensation for lost of assets or
loss of livelihoods due to project activities as well as required mitigation measures. Specifically,
the RPF should establish the conditions under which resettlement will take place and outline the
principles and procedures to be followed, in the event that an investment involves impacts and
losses associated with its implementation to ensure that no individuals, households and
communities in the targeted areas are worse off with future development. This process should be
inclusive, to encompass vulnerable social groups and guarantee that they receive equitable
treatment.
7.0: Review of Legal and institutional framework
The study shall also review the national legal and institutional frameworks with respect to
landownership including customary law, land acquisition, the evaluation of the direct socio-
economic impacts of the project and the compensation mechanisms. The study shall take account
of the experiences of the implementation of the RPF of the previous Education Project.
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The consultant shall also undertake a comparative analysis of Gambian Legislations with that of
World Bank guidelines OP 4.12 to identify gaps in:
Resettlement planning and procedural requirements
Compensation eligibility criteria
Provisions for Illegal land use in The Gambia
Extent of Compensation and Resettlement Assistance
Valuation of assets
Income restoration
8.0: Consultations
The Consultant shall carry out meaningful consultations with the various categories of
stakeholders including borrower officials and other stakeholders who may be potential
beneficiaries of, and/or affected by the projects. The Consultant shall describe how affected
peoples will be consulted and participate in planning, implementation, and monitoring. The record
of these consultations shall be included in the report as an Annex.
Once the draft RPF prepared it shall be the subject of further consultations with stakeholders before
finalization. The consultant shall include a record of all such consultations as an annex to the RPF.
Once specific project activities and site locations are known, the Consultant shall show how the
people affected by the particular subprojects will be consulted throughout the process of sub-
project RAPs.
9.0: Grievance Management and Redress Mechanism
The study shall also review potential areas of grievances and disputes that can arise during the
course of implementation of the resettlement and compensation programme and propose grievance
management and redress mechanisms.
10. Monitoring
The Consultant shall describe how the RPF will be implemented and monitored clearly indicating
who is the implementing agency, who is responsible for monitoring, and how monitoring will be
done, including frequency for monitoring. S/he shall include in the reporting mechanism, how the
information generated will be utilized in project implementation, as well as reporting of non-
compliance and grievances.
11. Output
Present a brief description of all project components and all the locations that the project will
impact with particular emphasis on those components and/or activities which trigger safeguard
policies, especially those requiring land acquisition, resettlement, and/or restrict access to natural
resources.
Define the regulatory policy for involuntary resettlement and /or compensation of affected people
and/or likely to be affected.
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Describe the process by which Resettlement Action Plans (RAPs) will be prepared, approved,
and monitored once impact location is known.
12. Content of the Report
The content of the report should include the following elements:
-Cover page
-Table of contents
-List of acronyms
-Executive summary
- Introduction;
- Project description;
-Objectives of the Resettlement Policy Framework (RPF)
-Methodology used to prepare the Resettlement Policy Framework (RPF)
- The conclusions and recommendations;
- Recommendations for additional studies;
- Annexes:
Terms of reference of the study;
List of persons interviewed/met;
Minutes of consultation meetings held with local communities and other stakeholders;
Summary report of the validation workshop;
References;
Any other information.
13. Expertise required
A graduate in sociology, geography, development studies or any other related academic field with
experience in RPF and RAP assignments related to public sector investment is required.
Familiarities with The Gambia operational requirements and with World Bank’s safeguard policies
and guidelines.
14. Level of Effort and Timeline
The expected level of effort is three (3) staff – weeks for this assignment. An electronic copy of
the RPF should be made available to the Government of The Gambia and the World Bank by end
of January 2018, and the final draft electronic document should be available before appraisal.